Corrections_Today_January_February_2021_Vol.83_No.1

Juvenile Justice News

–– Youth detained in adult jails are exposed to harsh conditions, such as isolation. –– Youth detained in adult jails do not have access to education and other age appropriate thera- peutic programming services (i.e. mental health, structured treatment groups, etc.). –– Youth housed in adult jails are often kept in confinement for long periods of time to prevent contact with adult offenders. Research has repeatedly shown the traumatic and detrimental effects of isolation, particularly on youth. –– Adult jail staff lack the re - sources, knowledge, training, and skills to appropriate and effectively address the needs of juveniles and adolescent behaviors. Adult jail staff are trained to provide supervision and physical intervention strate- gies for adult offenders and are not trained in juvenile specific strategies (i.e. verbal de-esca- lation, trauma informed care, adolescent brain develop, safely restraining youth, etc.). Conse- quently, this lack of specialized training results in an increased safety and health risk to youth and staff. –– There is some data that suggests that youth housed in adult jails often increases suicidal ideation and behaviors and may increase the likelihood for future crimi- nal involvement. –– Not all cases result in a youth’s conviction or commitment to an adult correctional facility. Cas- es are routinely dismissed and courts often utilize additional

seem to be recognizing these issues more and more over recent years by establishing multi-agency agree- ments between adult and juvenile systems which allow for youth to be held in secure juvenile facilities, both pre-trial and post-convictions. Many states have extended the age of juve - nile jurisdiction up to age 25. While these measures are important steps in the right direction, much more needs to be done in order to ensure we are providing effective and age appropri- ate care and treatment to all adult criminal court involved youth. This includes developing operational poli- cies, procedures and programs that identify best-practices for providing care to adult offenders housed within the juvenile justice systems and facilities. CJJA opposes all policies that result in the automatic transfer of young people to the adult system without judicial review, as well as policies that grant the prosecutor full discretion. CJJA believes that the gravity of an offense is not deter- minate of a youth’s capability for rehabilitation. The most efficient and effective way to rehabilitate youth is within the juvenile justice system, re - gardless of the nature of the offense. To view our full position state - ment on Waivers and Transfer, please visit our website: http://cjca. net/wp-content/uploads/2018/02/ waiver-and-transer-paper-March- 2017-final.pdf

sentencing options. As such, youth are unnecessarily exposed to harsh and traumatic condi- tions when housed in adult jails. Similarly, CJJA also opposes automatic transfers of youth into the adult system based solely on the type of offense. This practice has resulted in the placement of thousands of youths into adult jails and prisons without adequate therapeutic treat- ment and educational services. It has also exacerbated Racial and Ethnic Disparities (RED) within secure adult confinement (i.e. increased disproportionate number of people of color being held in adult confine - ment). When a waiver to the adult criminal justice system does occur, it is critical that a fair decision- making process exists that involves determining the appropriateness of transferring young offenders into the adult system. CJJA strongly supports providing judges the ability to keep youth in the juvenile justice system until they reach the age of majority and, in many cases, extending that jurisdiction as appropriate. CJJA continues to believe that the most appropriate placement for youth, even those with serious adult criminal charges and/or convictions is the juvenile justice system. Adult systems are not properly equipped, trained or skilled to provide youth with age appropriate education, treatment and behavioral health services and programs. Furthermore, adult systems expose youth to ad- ditional developmental harms which greatly reduce any opportunity for rehabilitation. On a positive note, juvenile jus - tice and adult criminal court systems

Michael Dempsey is the executive director of the Council of Juvenile Justice Administrators.

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