Cookie Cutters Are Not Tools in Our Business

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Got up early this morning and began my daily reflection with my cup of coffee in hand and it hit me -- there is an interesting paradox about how we use the adolescent brain research. On one hand, those of us who call for reform in juvenile justice, especially in the area of detention, adult transfers and life sentences (especially without parole) rely heavily on this research showing that kids are wired to do stupid things. They are neurologically immature---still under construction. The adolescent brain research is often touted by advocates like me as evidence in support of detention reform. On the other hand, what does this research mean when applied to those kids who are just plain scary?

Jewish summer camp

Non-profits in Pennsylvania Could Lose Tax-Exempt Status

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Last month, the Pennsylvania Supreme Court decided that a Pike County Jewish summer camp was no longer eligible for tax-exempt status in a ruling that could affect non-profit organizations throughout the state. In a narrow 4-3 decision, the state's Supreme Court ruled the summer camp, operated by Mesivtah Eitz Chaim of Bobov, Inc., did not meet the HUP Test, a series of qualifications, established in the court's previous ruling in Hospital Utilization Project v. Commonwealth 1985, used to determine if an organization is a “purely public charity.” Only organizations meeting the standard are given tax-exempt status by the state. The state's Supreme Court ruled the summer camp did not meet one part of the HUP Test, “relieving the government of some of its burden.”

The camp’s organizers, however, argued Act 55, a 1997 state law that includes a broader definition of a public charity, took precedence over the earlier HUP Test. But the Court dismissed this, ruling the state’s General Assembly could not interpret the Constitution and redefine the meaning of a “purely public charity.”

Stuart L. Knade, chief counsel for the Pennsylvania School Boards Association, told the Pittsburgh Post-Gazette he supported the court’s decision. “People who are students of this area of the law are going to continue to enforce a higher bar to tax exemption,” he said.

All That is Wrong With Private Prisons

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A friend of mine called me last week from prison. We hadn’t spoken in a few months, so we did a lot of catching up, mostly talking about how things were at the prison, friends, and the many turns my own life has taken. I told him that a mutual friend of ours was at the new private prison in Milledgeville, Ga., a place called Riverbend Correctional Facility. He groaned and told me he had heard only bad things about the place. Dozens of the most troublesome inmates at his prison had been sent to Milledgeville to populate the 1,500-bed facility run by the GEO group.

runaway kid

Runaway Youth Helped Using 10-Question Tool

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Experts estimate about 2 million kids run away from home each year putting them at greater risk of physical or sexual abuse, homelessness, drug addiction and physical and mental health problems. Many are in need of medical care or other services. To ensure runaways get the help they need, police in St. Paul, Minn. who encounter runaways are using a short, 10-question screening tool to assess the runaway’s safety and whether they have been victimized while they’ve been away from home. Medical professionals and researchers in Minnesota developed the 10-Question Tool with assistance from local police.

Bart Lubow on the Juvenile Detention Alternative Initiative (JDAI)

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Bart Lubow, who has been working for more than 20 years to reduce the number of youth being sent to detention centers, told a gathering of 700 attendees at the Juvenile Detention Alternatives Initiative (JDAI) conference in Houston last week that now, “may prove to be a unique moment in juvenile justice history, a time when, as a nation, we shed some of the system’s worst baggage - including our unnecessary and often inappropriate reliance on secure confinement” of youth. Center for Sustainable Journalism Executive Director Leonard Witt, publisher of the Juvenile Justice Information Exchange and Youth Today, caught up with Lubow to get his take on JDAI initiatives that have expanded to 38 states across the country and become the most widely replicated juvenile justice system reform project in the nation. Learn more about Bart Lubow, Director of Juvenile Justice Strategy for the Annie E. Casey Foundation.

Families of Incarcerated Youth Demand Say in ‘Dysfunctional’ System

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Jeannette Bocanegra, a community organizer from New York City, told a gathering of juvenile justice system practitioners and advocates in Houston last week that as a mom with a child who was incarcerated, “This system made me feel like I was a dysfunctional parent, a bad parent … without realizing I raised six other children who never went into the system.”

Now she and other members of Justice for Families, an advocacy group, are out to prove that, in her words, “We are not dysfunctional … the system is dysfunctional.”

Liane Rozzell, another parent on the panel, said afterwards, “We don’t have 24-hour remote control over our children.”

During the panel discussion, Rozzell said when her son was first put into detention she thought it might be a good thing, it would teach him a lesson. But she did not realize how negatively he would be affected by the experience. She also recalled being in a meeting where a teacher from a correctional institution off handedly mentioned sending kids to “an inherently violent place like a juvenile correctional center.”
After hearing that phrase, Rozzell said, “I was just stunned that we can just casually talk about sending our children to an inherently violent place.”

In June, Justice for Families will be releasing an in-depth report, underwritten by the Annie E. Casey Foundation. The report includes results of a survey of 1,000 family members who have had children incarcerated and examines how families of the incarcerated are portrayed by the media. Justice for Families co-director Grace Bauer says family involvement and networking is necessary because, “No one knows what it is like to struggle with a child in the system better than another parent.”

However, according to Bauer, early findings from the report reveal, “Families are not consulted.

Laws Sending Kids to Adult Court at Issue in New Jersey High Court

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Tuesday, the New Jersey Supreme Court considered the constitutionality of the state’s so-called juvenile waiver laws – a series of rulings that effectively allow county persecutors, and not state judges, to determine whether juvenile cases should be moved to adult courts. Currently, minors as young as 16 accused of a violent offense, such as homicide or aggravated assault, can be transferred to adult court under the state’s waiver laws, according to New Jersey’s The Record. More than 20 local and national organizations, including the American Civil Liberties Union and the state’s Public Defender’s Office, have challenged New Jersey’s juvenile waiver laws, with many arguing that the regulations – which give judges limited ability to deny prosecutor requests for moving cases to adult courts – are unconstitutional. As the laws are written today, unless a defense attorney can demonstrate a prosecutor’s request that a juvenile be transferred to an adult court is a “patent abuse of discretion,” the presiding juvenile court judge is bound by law to grant the request, The Record reports. Tuesday’s hearing centers on a 2009 Middlesex County mugging involving several juveniles – a case in which the trial judge challenged the prosecuting attorney’s request to move the case to adult court.

Bart Lubow: Cutting Youth Incarceration Doesn’t Cut Public Safety

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Bart Lubow, who has been working for more than 20 years to reduce the number of youth being sent to detention centers, told a gathering of approximately 700 conference attendees this morning that now “may prove to be a unique moment in juvenile justice history, a time when, as a nation, we shed some of the system’s worst baggage—including our unnecessary and often inappropriate reliance on secure confinement” of youth. The conference attendees are in Houston for the Juvenile Detention Alternatives Initiative conference, which as its name implies is working to reduce the number of youth sent into detention and instead aims to provide community-centered alternatives. The conference is hosted by the Annie E. Casey Foundation. Apparently the 19-year quest is working. Lubow, director of the Juvenile Justice Strategy Group at the Casey Foundation, told the gathering that “JDAI sites have reduced reliance on secure detention overall by 42 percent, with numerous jurisdictions posting reductions in excess of 50 percent.” All of this happening without compromising public safety, he said.

Day Two: John Jay Juvenile Justice Conference

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NEW YORK – The John Jay College of Criminal Justice’s Center on Media, Crime and Justice is holding a two-day conference for journalists on its campus in New York Monday and Tuesday. While the conference, Kids Behind Bars, Where’s the Justice in America’s Juvenile Justice System?, is primarily meant for journalists, many of the topics will be of interest not only to those in the field, but the general public as well. JJIE/Youth Today’s John Fleming and Clay Duda are attending the conference and continue their reporting today. For Day One coverage head over to our post here. DAY TWO

Panel One:

Mike Bocian, provided the keynote address Tuesday morning.

A Juvenile Justice System in Flux: Updates from John Jay Symposium

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NEW YORK – The John Jay College of Criminal Justice’s Center on Media, Crime and Justice is holding a two-day conference for journalists on its campus in New York Monday and Tuesday. JJIE/Youth Today’s John Fleming and Clay Duda are attending the conference and will be reporting some highlights throughout. While the conference, Kids Behind Bars, Where’s the Justice in America’s Juvenile Justice System?, is primarily meant for journalists, many of the topics will be of interest not only to those in the field, but the general public as well. Speakers on Monday include: Mark Soler, executive director of the Center for Children’s Law & Policy; Vincent Schiraldi, commissioner of New York City’s Department of Probation; Ricardo Martinez, co-director, Padres & Jovenes Unidos and David Utter, director of policy, the Florida office of the Southern Poverty Law Center. Gail Garinger, a former juvenile court judge, who is now the Child Advocate of Massachusetts’ Office of the Child Advocate, will deliver the keynote address.