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Articles tagged with: Youth in Adult Jails and Prisons

Cookhorne v. Fischer Settlement Provides Beneficial Reforms for Youth in Solitary Confinement

Courtney Thomas, Northeastern University School of Law: CFYJ Intern Tuesday, 28 October 2014 Posted in 2014, Federal Update

Prisoner’s Legal Services of New York (PLS) reached a landmark settlement with the New York State Department of Corrections and Community Supervision (DOCCS) in the case of Cookhorne v. Fischer which will result in significant and positive changes regarding the use of solitary confinement as a disciplinary sanction for 16 and 17 year old inmates in DOCCS custody.

The settlement agreement contains several amendments to DOCCS policies and prohibits solitary confinement of youth for disciplinary purposes by limiting the maximum hours of confinement per day. The agreement mandates that a youth may be confined for no more than 18 hours a day, five days per week, and no more than 22 hours the other two days of the week. It further establishes a minimum number of hours for programming and recreation during this out-of-cell time. The settlement agreement also requires that regulations be amended to state that age is a mitigating factor in disciplinary proceedings where a youth has been accused of misconduct and requires a written statement of how the age affected the disposition.

New Report: US Prison Populations Increase, Number of Youth in Prisons Declines

Courtney Thomas : CFYJ Intern Monday, 22 September 2014 Posted in 2014, Research & Policy

A recent report released by the Department of Justice, Bureau of Justice Statistics (BJS), reveals that the U.S. prison population has increased for the first time since 2009. The report, “Prisoners in 2013” notes that state and federal prisons held approximately 1,574,700 prisoners on December 31, 2013, an increase of about 4,300 prisoners from year-end 2012.

This reversal in a three year trend of declining prison population rates is due to an increase in 2013 of 6,300 inmates in the state prison population. This is a significant change from a similar BJS report published about two years ago, “Prisoners in 2011,” which displayed a decline of 21,614 state prisoners at year-end 2011.

Rev. Laura Downton and CFYJ Fellows Discuss the Dangers of Solitary Confinement

Friday, 15 August 2014 Posted in 2014, Across the Country, Voices

On Wednesday, July 30, the fellows of Campaign for Youth Justice (CFYJ) held their second Summer Institute session featuring guest speaker Reverend Laura Downton, of the National Religious Campaign Against Torture (NRCAT). Rev. Downton is the current Director of U.S. Prisons Policy & Programs at NRCAT, and she also serves on the Board of Directors for Grassroots Leadership and is a Provisional Elder in the Baltimore-Washington Annual Conference of The United Methodist Church. The CFYJ fellows were joined by interns from the Justice Policy Institute, Washington Peace Center, and students from American University, Georgetown University, and University of North Carolina-Chapel Hill, who are current interns in Washington, DC.

JOY Campaign and Allies Raise Awareness on the Criminalization of DC Youth

Thursday, 03 July 2014 Posted in 2014, Across the Country, Campaigns, Voices

On Thursday, June 26, Judge Our Youth (JOY) Campaign advocates - Campaign for Youth Justice, DC Lawyers for Youth, and other allies, joined Black Youth Project 100, the DC chapter of the Black Youth Project, for a peaceful demonstration at the District's Central Detention Facility. The event focused on raising awareness of the criminalization of black youth in DC and is part of BYP’s larger campaign, the #CriminalizedLives Project, which seeks to collect stories from people that have been impacted by the criminal justice system, and specifically, the experiences of youth with law enforcement.

Today Michigan Council on Crime and Delinquency Releases New Report on Youth in Adult System

Tuesday, 10 June 2014 Posted in 2014, Research & Policy

Thousands of children have been funneled into Michigan’s adult prison system due to a series of harsh “tough on crime” laws on perceived youth violence, according to a new report by the Michigan Council on Crime and Delinquency (MCCD).

CFYJ is Bringing Reform to the District of Columbia!

Thursday, 05 June 2014 Posted in 2014, Across the Country, Campaigns

In May 2014, Campaign for Youth Justice, working in partnership with DC Lawyers for Youth (DCLY), published a report titled, Capital City Correction: Reforming DC's Use of Adult Incarceration Against Youth.  The report explains how youth enter the adult system in DC, summarizes data on the number of youth tried as adults each year, and provides policy recommendations that would restore balance to the District's process for trying youth as adults.

PREA Deadline Has Come and Gone, Seven States "Opt Out"

Carmen E. Daugherty Friday, 30 May 2014 Posted in 2014, Uncategorised

On May 15th, states were required to certify compliance, or provide assurances that it would eventually come into compliance, with the federal Prison Rape Elimination Act (PREA). This week, according to the Department of Justice (DOJ), only two states have certified full compliance with PREA: New Hampshire and New Jersey. Forty-six states provided assurances that they will continue to work on full implementation and seven state Governors completely rebuked the federal statute and stated they would absolutely NOT comply. These states include: Arizona, Idaho, Indiana, Nebraska, Texas, Utah, and Florida.

Governors Must Certify PREA Compliance or Face Fiscal Penalties by May 2014

Carmen Daugherty Thursday, 13 February 2014 Posted in 2014, Uncategorised

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.  

A governor's certification of full compliance, "shall apply to all facilities in the State under the operational control of the State's executive branch, including facilities operated by private entities on behalf of the State's executive branch." 28 C.F.R. § 115.501(b). By May 15th 2014, governors must provide DOJ with such a certification or provide DOJ with an assurance that the state will use no less than 5% of its federal grant dollars to come into the compliance "in the future."
 
While we applaud DOJ for setting a certification date, we wonder how many states will actually be able to certify compliance by May 2014. Although the PREA standards have been in effect since August 2012, it is unclear what progress has been made in the states since audits began in August 2013. We also wonder how long state governors can promise to use federal dollars to come into compliance without actually taking any substantive steps to keep corrections facility residents safe.
 
Considering that nearly 100,000 youth are held in adult jails and prisons each year, how long can we wait for full implementation of the Youthful Inmate Standard? Or are we to be satisfied to receive "assurances" from the state that "we're working on it" only to find ourselves back in the same spot we were in 10 years ago when PREA became the law of the land? 
 
As May 15, 2014 draws near, helps us encourage states to come into compliance by signing this petition urging your Governor to take action now.
 
 
 

 

 

10 Years Too Long

Carmen Daugherty Monday, 21 October 2013 Posted in 2013, Uncategorised

 
More than a decade ago, a federal law was created to decrease and prevent prison rape and sexual assault in U.S. jails, prisons, detention centers, and lock ups. Yet, ten years later, youth under 18 are still at the highest risk of sexual victimization in adult detention facilities. With nearly 100,000 youth in adult jails and prisons each year, more must be done to protect youth under the Prison Rape Elimination Act (PREA).
 
Youth Justice Awareness Month (YJAM) creates awareness for youth in the adult system, and this week, YJAM will focus on raising awareness for the full implementation of PREA. 
 
PREA includes standards for youth under 18 in adult facilities. Unfortunately, the regulations do not call for the complete removal of kids in adult facilities, but Governors should see these regulations as a floor, not a ceiling.  Under PREA’s Youthful Inmate Standard, facilities must keep youth under 18 sight and sound separated from adults. Often times, adult facilities use solitary confinement or “segregation” to keep youth safe and away from adult offenders. Sadly, youth placed in solitary or segregation are not any safer since we know that youth in adult facilities are 36 times more likely to commit suicide than their counterparts in juvenile facilities. To account for this, the Youthful Inmate Standard states that the use of isolation should not be used as a means to separate youth from adults.
 
We know that most juvenile justice systems across the country are better equipped to provide developmentally appropriate programs and services for youth. Additionally, youth in juvenile facilities receive true rehabilitative services that lower the chances of recidivism and provide a real opportunity to reenter their communities successfully.
 
Right now, states are auditing their detention facilities—jails, prisons, lock ups--to see if each is in compliance with PREA. Governors must certify whether their state meets basic requirements spelled out by PREA to keep inmates safe from sexual assault. This week, we are calling on you to tell your Governors to fully implement the Youthful Inmate Standard of PREA and tell the oversight agency, the U.S. Department of Justice, to have a stronger voice to protect children held in adult facilities.

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. 

 
 
Join us this week in continuing the conversation on youth justice issues, follow us on Facebook and Twitter using: 
 
#ImplementPREA   #YJAM   #youthjustice

A Spotlight on Colorado’s Reform Efforts: A sneak peek into our upcoming State Trends Report

Jessica Sandoval Tuesday, 08 October 2013 Posted in 2013, Across the Country

During the second week of Youth Justice Awareness Month (YJAM) CFYJ will take a look back at the reform efforts that improve the lives of youth by decreasing the chances that they would come into contact with the adult criminal court.  Here at CFYJ our mission is just that, and we partner with state organizations, advocates, youth and families to launch and win state legislative campaigns for youth justice.

In the years at CFYJ, I have had the pleasure of working with many states to organize campaigns for juvenile justice reform to remove youth from adult court.  The work has been tedious, exciting, rewarding and challenging.  It is all worth it because we know from the research that youth in adult court are 34% more likely to recidivate at higher rates than those retained in the juvenile court.  At the Campaign for Youth Justice we have worked diligently to create our campaign model to be successful in states where there is interest in building grassroots campaigns.  We provide a myriad of technical assistance options to our partners such as, campaign planning, policy assistance, coalition building support, media assistance and training, hearing preparation, policy and political analysis.  We know that the research supports our mission and we believe after 8 years of state based campaign work that the trends emerging are not by accident. On October 10th, we will be releasing our latest State Trends report which examines the states who have in the past several years changed state policies to remove youth from the adult court.

Colorado is no stranger to these successes.  In 1993, I was living in Colorado when the state expanded their laws to prosecute youth more harshly.  It happened during a special legislative session to address a crime wave.  This effort was led by then District Attorney Bill Ritter.  Fifteen years later, in 2008 when the legislature passed a significant direct file reform bill, it was vetoed by Governor Ritter. It was tragic, but we were hopeful that with a new Governor coming into office we could do it again. 

In 2011, with families and youth, good data, media, an engaged coalition, and a skilled organizer we were ready to engage in a major campaign to end direct file.  Building community support, strong spokespeople and legislative champions were all priorities.  Our role in the campaign was to provide policy and media support as well as support the organizer of the Colorado campaign housed at the Colorado Juvenile Defender Coalition.  There were two major pieces of legislation introduced, House Bill 1139, a jail removal bill and House Bill 1271, the direct file reform bill.  HB 1139 was passed and signed into law in March 2012 helping to drive the energy needed to pass HB 1271.  The bill was hotly contested and debated.  On April 20, 2012 Governor Hickenlooper signed HB 1271 into law.  Victory!

Having been involved with this effort since 2009, I believe that the strong organizing effort with communities, youth and families, in addition to good data, incredible legislative champions and influential coalition members made this Colorado campaign a success. I was happy to have Colorado lead these efforts and I encourage other states to consider doing the same.  If you are a state that is considering doing a reform campaign I urge you to contact us.  We are happy to help!

To continue following other state reforms during the month of October, continue to visit CFYJ's blog and to engage in our social media campaign check us out on Facebook and Twitter using #statetrends #youthjustice #YJAM

In solidarity,

Jessica

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