‘True North’ Youth Justice Reform: Lessons from Ontario

This post originally appeared on JJIE's ideas and opinions page May 21, 2014.

By Jason Ziedenberg

The two big trends to watch in American youth justice policy have focused on reducing youth incarceration, and moving young people from adult prisons and jails into a reformed youth justice system.
These are positive trends that the field needs to build on, but it’s too soon to pop the champagne. Too many states still have direct file laws on the books where youth automatically end up in the adult system by their charge, Raise-the-Age efforts in a couple of states are slow to take hold, and as budget-strained states close youth facilities, the field faces new challenges in building, funding and sustaining the continuum needed to meet young people’s needs.

These challenges should not be seen as roadblocks in places like New York, California, North Carolina, Texas, Florida and a dozen other states where large parts of the reform agenda have yet to be fulfilled. If these states are looking for yet one more example that our broader youth justice vision can be achieved, you need only to go “north.”

In 2003, the Canadian federal government replaced the antiquated Youth Offenders Act — Canada’s equivalent of the Juvenile Justice and Delinquency Prevention Act — with a new law. Under the Youth Criminal Justice Act (YCJA), the 10 provinces and two territories sought to implement a youth justice vision that recognizes young people’s unique adolescent development needs, divert youth from the justice system and meet their needs through other youth serving systems, expand the options that could serve as alternatives to youth prisons and improve rehabilitation and re-entry services for those few youth in locked custody. The provinces received modest funding from the federal government to implement the new law, but the 10 provinces were largely left to align their work with the YCJA on their own dime.

Listen Up D.C.: Stop Putting Your Young People In Adult Jails

This post originally appeared on JJIE's ideas and opinions page May 22, 2014.

By Marc Schindler

Having helped lead the Washington, D.C. Department of Youth Rehabilitation Services (DYRS) – the city’s juvenile corrections agency — I know, first hand from my experience running that system and from my colleagues around the country that, Washington, D.C. can and should serve youth who are currently being transferred to the adult system in the juvenile justice system, rather than see them jailed and locked up in the adult system.

This issue has come into sharp relief for me this week, with the release of a new report: Capital City Correction: Reforming DC's Use of Adult Incarceration Against Youth. Released by DC Lawyers for Youth and the Campaign for Youth Justice, the report looks at how young people are prosecuted in the adult criminal justice system in Washington, D.C. through Direct File – a statute that enables federal prosecutors to send District youth accused of certain crimes to adult court without judicial review.

The report showed that 541 young people under the age of 18 were detained or incarcerated in adult facilities in D.C. between 2007 and 2012 and that youth spent 10,000 days – the equivalent of 27 years – in adult jail. The young people who end up on this path experience inadequate facilities, higher risk of being victimized while locked up, increased chances of solitary confinement, and often carry the long-term consequences of adult felony convictions when they leave the system. We also know from decades of research, including by the Centers for Disease Control and Prevention that transfer to adult court actually increases recidivism, with youth prosecuted as adults more likely to commit crimes upon release than similar youth handled in the juvenile system.

Lessons from Norway: A Different Approach to Criminal Justice

By Sarah Mostyn

It is well known that the United States incarcerates more of its population than any other country. Despite the harsh punishments and mandatory sentences for many crimes, recidivism rates remain high. If a criminal justice system that relies primarily on punitive measures to reduce crime rates,  but instead results in such high rates of recidivism, there is clearly something wrong with that system. In order to find a solution to this problem, policymakers and others may need to look beyond the borders of the United States.

JPI’s report Finding Direction: Expanding Criminal Justice Options by Considering Policies of Other Nations, shows the many advantages that exist in looking to other nations for possible solutions to the problems of our own criminal justice system. Doing so, allows fresh insight into current policies and offers alternative policy solutions to key issues. JPI’s report also found that the sentencing policies in the United States are harsher than those countries in comparison. With current sentencing laws being a leading driver to the US’s mass incarceration problem, these laws merit greater scrutiny.

With the passing of the Sentencing Reform Act of 1984, the United States experienced an incredible increase in its prison population. Retribution became the driving factor behind sentencing with an increased emphasis on people serving the entirety of their punishment with few programs to promote rehabilitation. It is this vindictive mentality that sets the United States apart from many other nations.

The Insidiousness of Private Interest

By Paul Ashton

It’s 2014 and it is time to: “Stop them. Shrink them. Close them.”

I heard the above quote by Donald Cohen, Executive Director of In the Public Interest, at the annual Public Safety and Justice Campaign’s (PSJC) prison privatization meeting held last December in Washington, D.C. The Public Safety and Justice Campaign is a growing coalition of labor, faith, criminal justice, human rights, and immigration organizations working to address privatization of the criminal justice system. This annual meeting is a time for members to gather to discuss the current state of privatization in the justice system and upcoming industry trends.

When I am out in public and talk about the criminal justice system and the need for reform, I often bring up private prisons and to my surprise I am usually greeted with shock from people who have no idea such an industry even exists. Well, private prisons are real and privatization of the justice system expands far beyond just the management of prisons; it can include the privatization of prison services such as healthcare, mental health services, food services and even phone contracts.

PSJC focuses on the privatization of the justice system and works to combat the insidious impact private interest can have on justice. In 2011, I co-authored the JPI report Gaming the System which examines the political strategies that private prison companies use to influence incarceration policy.

Gimme a Tax Break!

By Zerline Hughes

It’s most everyone’s UNfavorite day: Tax Filing Day – April 15.

For those of you who have already filed, even received your refund, kudos. For those who are reading this while taking a break from your pile of receipts or waiting in an around-the-corner line at the post office: good luck to you. For those of you who were hoping to get a bit of a tax break for college expenses and ran into this red tape: it’s time to advocate!

We learned through Gus Smith, a Virginia criminal justice advocate, tax preparer and parent of Kemba Smith whose 1994 drug sentence was commuted by President Bill Clinton in 2000, that he has had to tell a lot of Virginian’s that taxpayers cannot receive certain education-related tax deductions if they have been convicted of a felony drug offense.

Had you heard about that one?

The New Retirement Plan: A Look at Geriatric Release in Virginia

By Sarah Mostyn

Criminal Justice Degree Hub

When asked about the current system of geriatric release in Virginia, Carla Peterson, Director of Virginia CURE, states that the situation is grim. As noted in JPI’s latest report, Billion Dollar Divide, the elderly population presents unique challenges to the criminal justice system. Healthcare costs for this population are consistently higher than their younger cohorts, straining already limited resources.

Many of the troubles with geriatric release begin with the parole board. Compared to other states, Virginia has an incredibly low parole rate. When denied parole, many individuals do not know the exact reasoning behind the decision. Typically, generic statements such as “serious nature of the crime” are given instead of individualized responses. For the months of January to November 2013, the overall parole rate was 2.1 percent, an extremely low rate.

National Crime Victims' Rights Week: Restoring the Balance of Justice

By Paul Ashton

This week is National Crime Victims’ Rights Week and the theme is “30 Years: Restoring the Balance of Justice” (#NCVRW2014). In 2010, JPI organized a roundtable discussion that brought together criminal justice reform advocates and victim advocates to have a dialogue on how these two groups, that often times have been diametrically opposed, can work together on positive reforms that make communities safer for all people.

While the over-arching theme of the roundtable was to explore opportunities for dialogue and finding points of common ground, other areas of discussion included addressing who is a victim, the history and current status of the victims’ movement, and issues around services for victims. The day’s discussion resulted in the brief: Moving Toward a Public Safety Paradigm: A Roundtable Discussion on Victims and Criminal Justice Reform.

Since then, other organizations have carried the baton, working on finding common ground and building a cohesive reform movement to increase public safety and decrease the negative impact of the justice system. For instance, in 2011 the Partnership for Safety and Justice, a leader in this effort, released the concept paper Moving Beyond Sides: The Power and Potential of a New Public Safety Paradigm. And this week, the National Juvenile Justice Network (NJJN) released its policy document A House Divided No More: Common Cause for Juvenile Justice Advocates, Victim Advocates, and Communities. NJJN takes an important look at the intersection of youth crime and victimization and how the current juvenile justice system fails everyone.