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Illinois' Incarcerated Girls and LGBTQ Youth

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Illinois' Incarcerated Girls and LGBTQ Youth Vol 4 June 2018 Illinois’ Incarcerated Girls and LGBTQ Youth In response to declining boys, while little is known In This Issue: youth crime and a growing about the experience of The number of girls admitted to awareness that youth prisons LGBTQ youth in IDJJ. IDJJ increased by 81% between are both harmful to society FY17 and FY18, despite an overall and ineffective at preventing Three data points about girls decline in IDJJ admissions during crime, national rates of youth and LGBTQ youth in IDJJ this period incarceration have declined custody are critical to consider: 80% of incarcerated girls were adjudicated for a Class 2 felony or in recent years. In Illinois, Most girls are not lower offense too, the overall rate of youth incarcerated for high- incarceration has dramatically level felony offenses. Only Every single girl in IDJJ custody has at least two mental health decreased over the past several 20% (6) of girls at DJJ are years, particularly for girls.1 diagnoses and most have committed for Class 1, Class experienced significant trauma Recent Illinois Department X, or murder charges. In Illinois’ community-based youth of Juvenile Justice (IDJJ) contrast, 48.4% (211) of the services, including mental health admissions data, however, boys currently incarcerated care, have suffered significant cuts and closures, which may reveals a concerning trend. In at IDJJ have been committed on Class 1 or higher charges. be affecting girls’ prison the past year, while the number admission rates of boys admitted to IDJJ Girls have fewer encounters Evidence suggests that decreased 20%, the number of with law enforcement prior LGBTQ youth are significantly girls admitted to IDJJ facilities to incarceration. Girls at overrepresented in IDJJ, which increased 81%.2 Thus, although IDJJ have, on average, 2.5 struggles to maintain a supportive the number of girls at IDJJ previous arrests, compared environment despite significant facilities is small compared to to 6 prior arrests for boys. improvements that of boys—approximately While IDJJ has not been 30 girls are incarcerated at a able to obtain reliable data single secure facility, Illinois regarding the number Youth Center-Warrenville (IYC- of LGBTQ youth in its Warrenville or Warrenville), custody, national data whereas 436 boys are spread indicates that such youth across the five youth prisons are overrepresented in the 3 in the state —the increase in justice system (comprising admissions of girls is alarming. 4–8% of the overall youth Currently, girls are being population, but 13% of Contact: detained youth).4 incarcerated in Illinois for (312) 503-1479 less serious offenses and with This report draws on IDJJ’s [email protected] less delinquency history than institutional data and policies, (312) 503-2386 [email protected] https://www law.northwestern.edu/ legalclinic/cfjc Twitter: @CFJCchicago Illinois’ Incarcerated Girls and LGBTQ Youth 1 discussions with youth and staff at Warrenville, Incarcerated Youth by Sex and Offense and research regarding the incarceration of girls Level (Proportion) and LGBTQ youth, to describe the population Female Male of girls and LGBTQ at IDJJ and explore the root causes that may underlie the recent increase in their commitments. 48% Class 1 Felony or Above 20% Figure 1: Admissions of youth to IDJJ custody by fiscal year5 Class 2 Felony or Below 52% 80% 1539 1390 1083 871 694 Although a few of the girls we spoke with were committed for very serious offenses (e.g., murder, armed robbery), the majority were committed 133 for less serious offenses (e.g., battery), including 103 69 27 49 several for nonviolent offenses (e.g., theft). One FY14 FY15 FY16 FY17 Projected FY18 girl’s underlying charge was for stealing a tablet from a neighbor’s garage. Another girl’s mother Figure 2: Percent changeFemale in IDJJ admissionsMale by sex used the family’s resources to buy drugs, and % Change in Youth Admissions to IDJJ FY14-18 the daughter was committed after breaking into cars looking for money to buy food for herself Projected FY14 FY15 FY16 FY17 FY18 and her siblings. While acknowledging her wrongdoing, this young woman remarked about how unbalanced her commitment was: “They should have looked at my circumstances and put my mom in jail and then gave me a punishment as well, but not house arrest or DOC [referring to IDJJ]. I could have done a couple weeks in [detention], or probation or something. You know? They didn’t have to send me here.” Who Are the Girls and LGBTQ Youth in IDJJ Male Female Custody? While recent years have seen an increase in Table 1: IDJJ Youth Population by Offense Class, 20186 scholarly attention on girls in the juvenile justice system, much still remains unknown about the Female Male unique needs of girls and the factors that drive Number Percent Number Percent them into the criminal justice system. For this Class 1 Felony or Above 6 20% 211 48% report, staff and students from the Children Class 2 Felony or Below 24 80% 225 52% and Family Justice Center visited Warrenville, interviewing 18 girls and 22 staff members.7 The Warrenville youth prison is located about an hour from Chicago and is the only facility in the state that houses girls—a significant number of whom identify as LGBTQ. Warrenville also houses a small number of boys who were transferred from other IYC locations after meeting certain IDJJ criteria.8 Illinois’ Incarcerated Girls and LGBTQ Youth 2 The girls who were interviewed ranged in identify as GBQ both nationally11 and, age from 15 to 19 years old. Of the 18 girls anecdotally, in Illinois,12 national data suggests interviewed, 11 were black, 4 were white, and sexual minority boys are also overrepresented 3 were Latinx. One third (6) were committed in the juvenile system.13 by Cook County or one of its “collar” counties Abuse and Neglect: 12.5% of the girls (DuPage, Kane, Lake, McHenry, Will). were in the foster care system prior to their commitment at Warrenville, compared to The 22 IYC staff members interviewed included program administrators, healthcare workers, 7% of boys. psychologists, security staff, school staff, and Mental Health Needs: 100% of girls have the superintendent. Many staff members have at least two psychiatric diagnoses. 83.3% of worked at IYC-Warrenville for a long time— girls have four or more diagnoses, compared an average of fifteen years among those with to 32.8% of boys. whom we spoke—and have participated in the Trauma: Consistent with national data on changes to IDJJ that took place after it became the trauma experienced by girls and women independent from the Illinois Department of who enter the prison system, 36.7% of girls Corrections. in IDJJ versus 24.6% of boys have been diagnosed with a disorder related to trauma. Interviews and IDJJ data reveal the following demographic information about Substance Abuse: Girls and boys are girls and LGBTQ youth in custody: diagnosed with a substance abuse disorder at nearly the same rate—60% of girls and 59% of Age: A higher percentage of the girls are 16 boys qualified for substance abuse treatment or under (46.7%) as compared with the boys upon admission. (39.2%), although the average age of girls is Education: A higher percentage of boys about the same as boys (17 years). (31.4%) than girls (13.3%) have diagnosed Race: The girls in IDJJ are slightly more special education needs. likely to be white (23.3%) or biracial (6.7%) Children: Approximately the same compared with boys, (17.9% white and 3.9% percentage of girls (6.7%) and boys (7.8%) are biracial). A lower percentage of girls are parents; at least two girls incarcerated were black (56.7%) than boys (67.2%), although pregnant and planning to parent at the time of African-American youth are still grossly our interviews. overrepresented across both genders. Recidivism: Recommitment rates for Gender Identity: There are currently no new offenses are lower for girls. Girls are youth at who have formally identified as significantly more likely to be incarcerated having a gender other than the sex assigned at under new commitments (73.3%) than birth. Those who do may be housed according boys (61.9%). to their gender identity under IDJJ policy, which has occurred twice system-wide in Discipline: Girls receive significantly more recent years. disciplinary tickets on average (6.3/month) than boys (2.3/month). Sexual Orientation: The most recent federal Prison Rape Elimination Act (PREA) report Estimating Incarceration of LGBTQ Youth indicates no youth incarcerated at Warrenville Illinois’ incarcerated girls are disproportionately who formally self-identified as LGBTQ during lesbian, gay, or bisexual (LBQ) relative to the intake.9 However, unofficial staff estimates general teenage population—staff observe, “when indicate up to 70% of the girls may be LBQ it was just girls [at Warrenville], it was almost and studies estimate 40% to 60% of girls in everyone, now it’s 70% of the girls [who are juvenile facilities nationwide identify as LBQ.10 lesbian or bisexual]. .They rarely identify as While boys may be less likely to outwardly lesbian, just 10%, but you get probably another Illinois’ Incarcerated Girls and LGBTQ Youth 3 30% that say bisexual.” These observations a portion of the data on girls’ sexual orientation accord with national research showing that may reflect girls who have identified only as lesbian, gay, bisexual, transgender, and queer “gay for the stay,”21 such experiences are by (LGBTQ) identified young people are two to three no means the only story. Studies
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