Winter 2014 Newsletter Distribution
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WINTER 2014 Dialogue, Education, & Advocacy www.jjustice.org 518 Davis Street, Suite 211 Evanston, IL 60201 (847) 864-1567 Board of Directors A Message from JJI Gretchen McDowell, Chicago This will be a momentous year. Throughout 2014, we will mark the anniversary of a number of Chair critical developments along the march towards fair treatment of all our children: Paula Wolff, Chicago • Fiftieth Anniversary The U.S. Supreme Court extended the right to counsel and other due 1st Vice-Chair process protections to children in delinquency cases in the landmark decision of In re Gault. The Leah Bradford, Chicago Gault case involved a fifteen year old who was confined in a state juvenile facility until age 21 for 2nd Vice-Chair telephone harassment. The U.S. Supreme Court held that due process protections - notice of David Reed, Evanston charges, the right against self-incrimination, the right to confrontation, and the right to counsel - Secretary extend to children facing delinquency charges. George Hill, Decatur Treasurer • Fortieth Anniversary The U.S. Congress passed the Juvenile Justice and Delinquency Protection Act. The original law included two core protections – that status offenders (runaways, curfew Khadine Bennett, Rogers Park violators, etc) should not be detained, and that children should be sight and sound separated Chris Bernard, Chicago from adults in adult jails and lockups. A Jail Removal protection was added in 1980 to remind Julie Biehl, Chicago states that children should not be in adult jails and lockups except under very limited Edwin A. Burnette, Chicago circumstances. Finally, the Act was expanded in 1992 to include a requirement that states Herschella Conyers, Chicago AC Cunningham, Chicago address the overrepresentation of children of color in the justice system. With the JJDPA, came Sharod Gordon, Chicago the creation of the federal Office of Juvenile Justice and Delinquency Prevention, and a small pot Catherine Hart, Springfield of federal dollars for states to use to develop innovative prevention and intervention programs John Harvey, Maryville and strategies. Mark D. Hassakis, Mt Vernon Kanu Iheukumere, Chicago • Twenty-fifth Anniversary The United Nations General Assembly adopted the Convention on the Frank Kopecky, Springfield Rights of the Child. The CRC banned extreme punishments of the death penalty and life without Ngozi C. Okorafor, Chicago parole, required counsel and due process in juvenile proceedings, set 18 as the minimum age for April Otterberg, Chicago adult court jurisdiction, required nations to adopt a reasonable minimum age of jurisdiction, and Hon. James M. Radcliffe, Belleville clarified that incarceration was to be a last resort for as short a time as possible within humane Azim Ramelize, Chicago Michael Rodriguez, Chicago facilities. The Convention was a consensus document with the participation of the United States, Katherine Selcke, Hinsdale under the direction of then President Reagan. It was the most widely and rapidly ratified Leo Smith, Chicago human rights treaty in history – only three nations have failed to ratify. Although the U.S. Hon. George Timberlake, Mt Carmel signed the CRC under President Clinton, it has yet to ratify - along with Somalia and South Grace Warren, Chicago Sudan. David Whittaker, Chicago In this year, we must aim to incorporate all of the internationally recognized human rights of Staff: children in our state and national laws governing justice systems for children in conflict with the Elizabeth Clarke, President law. Along with most other developed nations in the world, we must ensure our children have the Nora Collins-Mandeville Kanako Ishida protection of an attorney when first questioned by authorities; we must ensure that adult trial of a child is an “exceptional” decision made on an individualized basis with due process protections; and we must ensure that incarceration is used as a last resort for as short a time as possible in humane facilities. We can – and must – accomplish these minimal protections for our children. This newsletter is made possible by The outcomes for our children will be better, and our communities will be safer, with these minimal grants from the John D. and protections solidly in place. Catherine T. MacArthur Foundation, the Woods Fund of Elizabeth Clarke, President Chicago, the Chicago Community Trust, the Public Welfare Foundation and the Alphawood Foundation, as Reform JJI Visioning Event Hill Harper Event In the News well as the support of numerous Recommendations Page 5 Page 8 Page 10 individuals and organizations. Pages 2-3 Opinions expressed in this International Resources/Reports Webinar Series newsletter are those of JJI alone. IL House Bill 83 Perspective Page 9 Page 11 Page 4 Pages 6-7 For additional info, contact Nora Collins-Mandeville, Policy & Communications Director [email protected] Juvenile Justice Initiative - Winter 2014 1 WINTER 2014 Youth Incarceration in Illinois Where do we go from here? JJI’s Recommendations The recent reports from experts in the class action R.J. v. Bishop on conditions in the Department of Juvenile Justice are a sobering reminder that incarceration is a failed rehabilitation policy, both in cost by taxpayers and in outcomes. While it remains crucial to ensure separation of juvenile from adult corrections, after more than six years, and a lengthy list of reform efforts under two administrations along with increased funding from the legislature for aftercare, the reports document little progress and sobering reminders that for those very few youth who might need to be incarcerated, our existing facilities fall far short of conditions that Court&Admission&to&IDJJ&2012& Murder& Class&X& foster rehabilitation. 1%& 3%& There are two immediate concerns – the safety of the youth within Midemeanor& the facilities currently, and limiting the use of incarceration 11%& (including length of stay and parole revocation returns) going Class&1&Felony& 19%& Class&4&Felony& forward. More dollars are not necessary. Rather Illinois should 15%& follow the model of other states facing similar challenges and vigorously continue to realign its resources to ensure incarceration is used only as a last resort. And, Illinois should shift savings to Class&3&Felony& 20%& Class&2&Felony& community-based services as an alternative to and step down from 31%& confinement. Fortunately, Illinois can look to many examples around the country of successful reforms in limiting the use of incarceration and shifting savings to community based alternatives, in the wake of similar conditions and sexual abuse scandals in juvenile facilities (see below). With Redeploy Illinois, we have begun that journey of fiscal realignment. Illinois should expand this program to ensure it is available for every youth. The legislature increased funding to expand Redeploy Illinois and additional jurisdictions have already pursued implementation. Specific legislation was passed that allows Cook County to implement the program in targeted regions. If Cook implements Redeploy Illinois, further reductions in DJJ would be achieved – over 40% of the commitments to state juvenile prison come from Cook County. Close the door to misdemeanors commitments Georgia – Beginning on January 1st, Texas – in response to a high profile abuse incarceration is limited to felony-related scandal, the Texas Legislature passed a reform offenses. Ordering a child to an institution, bill in 2007 (S.B. 103) which barred commitment camp, or other facility for delinquent children of misdemeanants, and reduced the upper age of occurs only if the child is adjudicated for a juvenile court jurisdiction from 21 to 19. It delinquent act involving a felony violation or a misdemeanor provided counties with financial incentives to manage violation if the child has had a prior felony adjudication. delinquent youth locally. Ohio – Closed the door to misdemeanors Mississippi – In response to class action commitments over thirty years ago (in 1981), litigation over inadequate conditions, law setting aside a small pot of funds for each change in 2010 state that no child adjudicated county in return for eliminating misdemeanor for a nonviolent felony or fewer than 3 commitments. In response to class action misdemeanor adjudications may be committed conditions litigation, Ohio built into the remedial plan a to a state training school. series of principles stressing the need to use incarceration as a California – Senate Bill 81 (2008) limited last resort. incarceration to violent juvenile offenders, Florida – Florida courts vastly restricted the closing the door to misdemeanants and low- ability to commit youth to residential facilities level felonies, in response to a wave of reports of without felony convictions. This 2011 change abusive conditions and concerns over litigation. was based on the high cost and ineffectiveness As a result, state incarceration has decreased from an average of incarceration and benefits of keeping youth of 10,000 juveniles to 1,000. connected with family and community. For information about R.J. v. Bishop class action lawsuit and links to the expert reports, visit: http://jjustice.org/aclu-djj/ 2 Juvenile Justice Initiative - Winter 2014 WINTER 2014 JJI’s Recommendations Cont’d Reduce Length of Stay in IDJJ Evaluate and classify in local community Provide Bed Capacity Caps Youth in Illinois are committed to DJJ, then spend The state of Colorado caps statewide bed capacity – lengthy periods of time being “evaluated” and assigned when the cap is exceeded, the state must do an to a facility. In contrast, Missouri conducts the initial emergency release. In 2011, the statewide cap was evaluation in the local community (where the family reduced. can be involved), then decides based on the assessment Eliminate Prisoner Review Board (PRB) if confinement is necessary and places the minor Review and approval in order to release. This would accordingly. Shifting the evaluation to the community eliminate the current dilemma of youth ready for rather than a “reception and classification” facility release but waiting until a PRB member is available at would save several weeks of incarceration in each case. the facility for a review.