By Nils Franco, CFYJ Policy Intern and Carmen Daugherty CFYJ Policy Director

Mental Health Needs and Treatment While in the System

We start with a new report finding that the transfer of youths to the adult system is responsible for some of these inequalities. The report was published in a September bulletin by the Department of Justice, and uses data from 1,715 youth from Cook County, Illinois, who were processed in both the adult and juvenile systems. Once committed to adult facilities, minority youth are less likely to receive treatment for mental health issues, harming youths’ ability to rehabilitate.

Over-represented

As with other stages of the justice system, the trial of youth as adults discriminately affected youth of color in the sample: 94% of youth in the adult system were youth of color, and more than two-thirds (68%) of the youth were African-American, according to the data. For comparison, African-Americans comprise just 26% of the general population of Cook County, Illinois. These unequal outcomes persist even when the authors controlled for the type of crime. 

The overall sample of delinquent youth, which included 1,440 in the juvenile system, was less disparate than the transferred youth:  83% were youth of color and 54% were African-American. This suggests the stage of transferring youth to the adult system contributes significantly to the already significant racial inequality in rates of youth incarcerated as adults. In other words, race seems to influence which youth are transferred to the adult system.

Under-treated

Past research found that minority youth are less likely to receive needed mental health treatment in juvenile facilities, but the DOJ report is the first to consider such treatment for youth in the adult system. The new research finds that factors like race that dispose youth to adult transfer are the same factors that dispose youth to missing out on much-needed mental health problems while incarcerated. The authors express concern that this failure to treat incarcerated youth, who have a “substantial need” for mental health services, may ignore underlying causes of disruptive and anti-social behavior. 

Moving forward, the authors propose several recommendations.

The report’s findings prompt three concerns that may be productive focal areas for future reforms and research. First, psychiatric and behavioral treatment is unavailable to many youth who need it, and best practices must be developed for youths in the adult system. Though treatment guidelines have been developed for both youth and adults in age-appropriate facilities, little is known about what works best for youth in adult facilities. Second, the report found staggeringly high rates of mental health issues in all system involved youth, and higher rates among youth than among adult offenders. Imprisonment as an adult brings life-long consequences, and this burden should not be borne by youth who are already struggling with treatable disorders; rather, the authors suggest that mental health be considered during sentencing, and clinicians be allowed to suggest alternative interventions to the court. 

Finally, racial discrimination in the criminal justice system, especially for youth transferred to the adult system, causes the punishment to reflect the race of the youth instead of the nature of their crime. More research on racial inequality in juvenile justice, including youth transferred to the adult system, will be available in December with the publication of “Race and Ethnicity in the Juvenile Justice System,” a book from the Carolina Academic Press.

Scrutiny of racially disparate outcomes in every stage of the criminal justice system has grown in the past year, as pressure from protesters and the press mounted in response to publicized police violence. This week, YJAM focuses on racial and ethnic disparities that exist in every aspect of the criminal justice system. From the courtroom to the cell block, we will learn how racial biases and disparate treatment play out in the system.

Today, 14 state lawmakers introduced a 21-bill package with bipartisan, bicameral support to reform Michigan’s juvenile justice system.  Currently, Michigan is one of only nine states remaining in the nation that automatically prosecutes 17-year-olds as adults.  The main focus of the legislative package would be to raise the age of juvenile jurisdiction from 17 to 18, allowing for Michigan’s youths to have greater access to age-appropriate rehabilitative services.

“It is time for Michigan to abandon this draconian practice,” lead bill sponsor Representative Harvey Santana (D-Detroit) said.  “There have been numerous studies which indicate that incarcerating youth actually increases the rate of violent crimes.  We need to ensure we are rehabilitating our youthful offenders and not simply putting them in prison, potentially throwing away their future.”

According to the Michigan Council on Crime and Delinquency, research has found that youth exiting the adult system are 34% more likely to reoffend, reoffend sooner, and escalate to more violent offenses than their counterparts in the juvenile justice system.    “This is a subject that touches many lives and knows no partisan bounds,” Representative Santana said.  “That is how I was able to bring together 14 different legislators from diverse backgrounds to sponsor and support this package of bills.”

Along with raising the age of juvenile jurisdiction from 17 to 18 years of age, other bills in the bill package include not allowing youth under the age of 18 to be housed in any adult correctional facility, ensuring age-appropriate rehabilitation services are accessible for all youth in the juvenile justice system, eliminating certain offenses that do not require adult sentencing from the list of specified juvenile offenses, requiring public monitoring and oversight of any youth who has entered the jurisdiction of the Michigan Department of Corrections prior to turning 18 years old, requiring equal consideration of all mitigating factors prior to waiving jurisdiction in traditional juvenile waiver cases, establishing a family advisory board within the Michigan Department of Corrections to ensure effective partnerships with families and victims, and requiring that the Department establish policies in line with Michigan’s Mental Health Code for youth out-of-cell time, including youth who are in punitive or administrative segregation.

“In Michigan you need to wait until 18 to serve our country or buy tobacco, and wait until 21 to legally buy alcohol, yet at 17 we stand ready to throw you in jail as if you were an adult,” said Representative Peter J. Lucido (R-Shelby Township). “Science has shown us the brain does not fully develop its cognitive and reasoning skills until the mid-twenties. Therefore, it makes no sense not to join the forty-one other states which treat 17-year-olds as juveniles and 18-year-olds as adults in our correctional system. Instead of just tossing a 17-year-old in jail and give up on them, we should put in the effort to help set them on a better path towards a brighter future.”

Other notable points were made when Representative Kosowski (D-Westland) said “The corrections system cost Michigan taxpayers more than 2 billion dollars per year. In fact, Michigan annually spends more on its corrections system than it does on higher education.  As legislators it is our duty to cut costs while ensuring public safety." Kosowski continued, "My bill in this package creates a monitoring system within the Department of Corrections that will allow us to ensure that best practices and greatest cost efficiency are implemented while reducing recidivism rates of youthful offenders.”

Representative Kesto (R-Commerce Township) also noted “As a former prosecutor and current representative, I work every day to improve public safety and making Michigan more efficient with our tax dollars. This bill package accomplishes two important goals - improved public safety while costing the taxpayers less money.”

“This package of bills has not been arrived at lightly,” said Representative Howrylak (R-Troy). “Rather, our Judges, Prosecutors, Counties, the Department and groups including the Michigan Council on Crime and Delinquency and the Mental Health Association have contributed extensively. These combined perspectives have resulted in legislation which rightly acknowledges our purposes for incarceration, the humanity of our youth, and their potential to contribute successfully in society if treated appropriately and compassionately.”

This theme for this year's Youth Justice Awareness Month is, "The Power of Sharing Stories". All month long CFYJ will share stories of youth and family members that have been impacted by the adult criminal justice system. This week we share the story of juvenile entrepreneur and justice advocate Marcus Bullock. 

Marcus grew up in the DC metropolitan area. At the age of 15, he participated in a car jacking and got away with it, initially. Not surprisingly, given his age and what we know about teenaged brains—that their evolving development leads teens to be impulsive, seemingly invincible, and strongly influenced by their peers—it makes sense that Marcus failed to understand the ramifications of his actions. The next day, Marcus got arrested while committing another crime. He was charged as an adult and sentenced to eight years in prison--until he was 23 years old. According to Marcus, “I wasn’t ready for that experience; no child is. To be thrown into a facility with adults, when you are still a child who is still developing is detrimental. The “psychological warfare” was present every day in an adult prison.  Trying to grow up healthy in that space that is meant to contain you will handicap any young person’s development."

His positive attitude, he says, is what helped Marcus be successful after prison. Marcus, a natural entrepreneur, had to work his way from the bottom to the top. He started out painting kitchens for people, to opening a paint store, to then expanding it into a full-fledged remodeling company. Not forgetting the isolated feeling of prison, he took his business experience to launch a web and phone app called Flikshop, which is used to connect families to loved ones who are incarcerated. His advice to the other young people who are incarcerated is to, “keep your outside world connections strong; it will put you in a better position to be successful when you re-enter society.”  Marcus continues to run both businesses, while also teaching entrepreneurship skills to youth in detention in D.C.

It’s back to school time in the nation’s capitol and a buzz is in the air—traffic is picking up, parents are excited to get back to the routine of school days, and kids can’t wait to meet their new teachers and reconnect with old friends.  It’s a time for fresh starts and new beginnings—of opportunity to overcome academic challenges of the past and embrace the possibilities of the future.

However, children that we have charged as adults in the criminal justice system, don’t get to be part of this routine. While detained in adult jails—they receive little—if any-- formal education.   In adult prisons, these youth have been barred from receiving PELL grants since 1994, unlike youth in the juvenile justice system. We tell this to 100,000 children a year who spend months, years, and even decades, in adult jails and prisons.

Our country doesn’t educate children that we have prosecuted as adults because we have already told them their lives don’t matter. That they have lost the opportunity for a second chance.  That punishment for what they have done (or been accused of doing) is valued more than the opportunity to get services and turn their lives around. We tell them this despite polling that shows that 78% of the American public believes in second chances for youth, and favor rehabilitation over incarceration.  In the past year, we have sent this message to 10 year olds in Pennsylvania,  12 year olds in Wisconsin,  14 year olds in Mississippi,  and 15 year olds in Florida that are sitting idle in adult jails and prisons, “doing time”—but not mastering their times-tables.

We don’t educate them because we likely locked them out of their schools before we locked them up in adult facilities.  An estimated 65% of incarcerated children meet the criteria for a disability, three times higher than the general population according to the National Disability Rights Network.  Children with learning and emotional disabilities are more than twice as likely to receive an out of school suspension than those without disabilities. For disabled children of color, these numbers are even more disparate—1:4 boys and 1:5 girls of color with disabilities are suspended from school.

We also don’t educate them despite knowing that education while incarcerated is one of the most affordable ways to ensure that when they go home, they stay home. Yet, most youth are denied educational and rehabilitative services that are necessary for their stage in development when in adult facilities. A survey of adult facilities found that 40% of jails provided no educational services at all, only 11% provided special education services, and a mere 7% provided vocational training. This lack of education increases the difficulty that youth will have once they return to their communities.

On Capitol Hill and in the White House, policymakers are just starting to question these tactics with the (re) authorization of new laws and pilot programs that benefit incarcerated youth. Unfortunately, most have limited application to youth in adult facilities. For example: 

The Elementary and Secondary Education Act (ESEA) is up for reauthorization.  Title 1 Part D of ESEA addresses prevention and intervention programs for neglected, delinquent, or at-risk youth, requiring that schools facilitate the re-enrollment, re-entry and proper education for youth returning from juvenile justice system placements; that educational records and credits earned during placement in the juvenile justice system are transferred back to the youth’s community-based school; and that some of the  funds are allocated toward youth re-entry and re-enrollment into high quality educational settings.  These supports do not apply to youth returning from adult facilities.

The Juvenile Justice and Delinquency Prevention Act (JJDPA) is also up for reauthorization.  It has four core protections for incarcerated children including the removal of youth from adult jails, so they can receive developmentally appropriate services (including education).  Both the Senate Bill (S1169) and House Bill (HB2728) increase opportunities for incarcerated youth to transfer educational credits received while incarcerated back to their home high school.

Finally, the PELL grant program, which helps low income students pay for college does extend to youth incarcerated in juvenile facilities and adult jails. However, those in adult prisons have been barred from using PELL grants to pay for college credits since 1994.  Just this past July, the Obama Administration launched a pilot program, Second Chance Pell Pilot, in which incarcerated individuals who are eligible for release in the next five years can apply for PELL grants.

Education remains the great equalizer in our country in terms of long-term positive outcomes for children and families. Access to education should be a requirement for children who have come in contact with the law, to help them prepare for a successful future.  All children deserve the right to a quality education, even those we consider adults before their age determines them to be.

• Closing the Central Detention Facility and the Correctional Treatment Facility and construct a new, safer, more effective facility
• Expanding the Secure Residential Treatment Program
• Correcting deficiencies in suicide prevention and youth confinement
• Conducting a review of training of correctional officers tasked with specialized functions related to mental health or the juvenile unit
• Revising current policies restricting “Good Time Credits”--a program which reduces sentences for successfully completing academic, vocational, and rehabilitation programs
• Returning management of the Correctional Treatment Facility to District control

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.

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..

"Our juvenile justice laws are outdated. Under New York State law, 16-and 17-year-olds can be tried and charged as adults...It's not right; it's not fair. We must raise the age."

Governor Cuomo, State of the State Address, Jan. 8, 2014

In April 2014, Gov. Cuomo established the Commission on Youth, Public Safety, and Justice to develop a plan to raise the age of juvenile jurisdiction. The question was never "if" New York would raise the age, but "how". It was clear New York did not want to be the last state that automatically prosecutes 16 and 17 year olds in the adult system.

Finally, last Monday, on MLK Day, Governor Cuomo and the Commission on Youth, Public Safety and Justice released their recommendations on how to accomplish this feat. The Commission agreed that this was the right time to "raise the age" for several reasons including extensive research on adolescent brain development and the significant impact on adolescents when incarcerated in jails and prisons. Additionally, data showing higher suicide rates and higher recidivism, and the disproportionality of young men of color charged as adults strongly influenced the Commission to make the following recommendations:

1. Raising the age of adult criminal responsibility to 18: Juvenile jurisdiction should be expanded to include 16-year-olds in 2017 and 17-year-olds in 2018. This phase approach will allow for an initial infusion of the smaller population of 16-year-olds followed by full implementation. Youth charged with violent felonies will still originate in the criminal court.

2. Keeping youth out of adult jails and prisons: Prohibit confinement of any minor in an adult jail or prison and allow youth to remain in youth settings until age 21.

3. Diverting more cases before they reach the courts: Mandate diversion attempts for low-risk (per risk assessment) misdemeanor cases.

4. Establish family engagement specialists to facilitate diversion options: Support for family engagement specialists would strengthen capacity to engage youth and their families in targeted services and maximize the benefits.

5. Develop a continuum of effective community-based services at the local level to be used by probation: Community-based supervision provided to 16- and 17-year-olds should use evidence-based interventions individually tailored to reduce the risks and address the needs presented by the youth.

6. Create the capacity to seal one conviction from crimes committed under age 21: Allow for sealing after two years without a conviction for a misdemeanor conviction and five years for a felony conviction (excluding violent felonies, Class A felonies, homicides, and sex offenses).

In total, the Commission recommended 38 improvements to how youth are treated by New York's criminal justice system. The full report can be found here. These thoughtful recommendations should be uplifted, celebrated, and passed by the New York Assembly, quickly, and without debate. As the Commission and Governor have stated, the time is now, New York.

Stickup Kid, a 30-minute FRONTLINE digital exclusive film, tells the story of Alonza Thomas — who, at age 16, was sent to adult prison after being charged with armed robbery shortly after California enacted a new tough-on-juvenile-crime law.

One of the first minors tried under Prop. 21 in California — and how spending over a decade behind bars in adult prison impacted him. It's a provocative look at a major social issue for which there are no easy answers  — and it gives new insight into the ongoing debate over juvenile sentencing Alonza went on to spend more than a decade behind bars.

The documentary is a provocative look at a major social issue for which there are no easy answers — and it gives new insight into the ongoing debate over prison reform in America.

It was produced in association with the Investigative Reporting Program at the UC Berkeley Graduate School of Journalism.

WHERE TO WATCH:

You can watch Stickup Kid, here.

You can also watch on PBS's Youtube channel, here.

Join the conversation on Facebook and Twitter using #StickupKid.