We recently conducted a survey of juvenile justice agencies on their staff hiring and retention challenges. Over 200 individual state and local juvenile corrections and probation agencies representing 37 states and over 190 counties reported that they are facing greater staffing difficulties than at any time in the past 10 years.
People ages 18 to 25 are over-represented at every stage of the criminal legal system and have the highest recidivism rate of any age group. It is obvious that we are responding badly to the developmental needs of these emerging adults — and “we” includes everything from schools and health care to law enforcement, judicial and correctional systems.
Despite a large drop in youth arrests, probation caseloads and confinement of young people in detention centers and youth prisons over the past 20 years, the punitive mindset in our justice system remains stuck in place. We’re spinning our wheels when court is our primary response to youth misbehavior.
“How would you want your kids, if they were in these facilities, to be treated?”
That question was raised by formerly incarcerated youth and current juvenile justice advocate James Martinez at a meeting of California’s Board of State and Community Corrections. The BSCC is a state agency tasked with overseeing jails and county-level juvenile facilities in California. In early November 2022, the board’s Executive Steering Committee, met to begin rewriting critically important rules governing juvenile camps, ranches and halls.
The New Mexico Corrections Department has lost track of nearly two dozen prisoners in its custody who are serving life sentences for crimes they committed as children, an error that could keep these “juvenile lifers” from getting a chance at freedom under a bill likely to be passed by the state Legislature within days.
Connecticut has turned its troubled juvenile facilities into what federal officials have cited as exemplary national models. Staffing is up dramatically, in part because directors talked to employees about their worries and took steps to solve them. The strategy helped reduce confrontations and brought the Hartford center national recognition this year from Performance-based Standards, which works to improve juvenile justice outcomes and equity.
Separate investigations by the federal Government Accountability Office and Department of Health and Human Services' inspector general that were launched in 2021, are the first inquiries of their kind in more than a dozen years. Those probes target farms, boot camps and similar residential programs whose proprietors claim are therapeutic. Critics call many of those business owners profiteers, operating under the guise of treating teens with mental and/or behavioral disorders and those at-risk for involvement in the juvenile justice system.
For decades, criminal and juvenile justice reformers have fought to dismantle the policies, structures and funding schemes that make up the nation’s overly punitive justice system. Recently, these efforts have been gaining traction. Polls show growing public recognition that the juvenile and criminal justice systems are harsh, ineffective and biased against people of color.
Reform campaigns, many of which are led by justice-impacted people, have taken critical steps to repeal some of the “tough on crime” approaches that gave rise to mass incarceration and an overbuilt juvenile justice system. In the past several years, more than a million people with felony convictions have won the right to vote in Florida, 16- and 17-year-olds are no longer automatically tried as adults in New York and North Carolina, the nation’s largest death row (California’s) has halted executions and progressive district attorneys have been elected in Boston, Philadelphia and San Francisco. Yet success in state legislatures or at the ballot box can be fragile.
Nearly 25% of our population are teens and young adults in the most important developmental sprint of their lives. But rather than helping young people realize their great potential to become successful adults who contribute to our country’s future, too often we’re unwittingly cutting their progress off just before the finish line.