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Results for youth in adult prisons

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Author: Wright, Kathy

Title: The Incarceration of Children & Youth in New Jersey's Adult Prison System

Summary: Each year, over 200,000 children and youth are tried as adults across the country. In the state of New Jersey, youth as young as 14 can be tried, sentenced and incarcerated in the adult prison system, and those age 16 or older are subject to mandatory (automatic) waivers if they commit certain crimes. It is the position of the New Jersey Parents' Caucus, Inc. (NJPC) and its membership that the state's current policies which promote the trying, sentencing and incarceration of children and youth between the ages of 14 and 17 in adult system are unjust and require further review. No youth should face an increased likelihood of adult waiver for a similar crime in a similar circumstance because of race, ethnicity, geography or socio-economic status. As well, for those children who are waived to the adult system, safety, rehabilitative services, treatment, and appropriate educational services and support, must be provided, particularly for those children with a history of mental health needs and/or special education involvement. As part of the New Jersey Youth Justice Initiative, we at the New Jersey Parents' Caucus have been able to gather comprehensive state data from the New Jersey Department of Corrections (NJ DOC) on 472 children tried, sentenced, and incarcerated in the adult prison system. The data largely covers the period 2007 - 2015, though some information gathered dates back to 2003. In addition to the data retrieved from the NJ Department of Corrections, we've received qualitative data from a subset of the same population (120 youth) by means of a survey assessment provided to incarcerated youth and their parents, caregivers and family members. All data includes youth residing in the following adult prisons: Garden State Youth Correctional Facility, Albert Wagner Youth Correctional Facility, Northern State Prison, New Jersey State Prison, Mountainview Youth Correctional Facility, Adult Diagnostic and Treatment Center, South Woods State Prison, Edna Mahan Correctional Facility, Mid-State Correctional Facility, Southern State Correctional Facility, East Jersey State Prison, Central Reception and Assignment Facility, and Bayside State Prison. Our Key Findings - Gross Racial & Ethnic Disparities: Youth of color are disproportionately represented among those waived to the adult prison system in New Jersey and make up approximately 90% of youth included in our data set who are incarcerated in the adult system. Of those children and youth, approximately 72% of are African American and 18% are Latino. - Justice by Geography: Rates of incarceration in the adult prison system vary significantly across counties in New Jersey, suggesting that justice depends on where one lives, not on the facts of a given case. For example, in Camden County, 14 to 17 year olds make up 5.8% of the population of children between the ages of 0-17, but make up 15.3% of our data set between 2007 and 2015. In comparison, in Hunterdon County, where youth 14 to 17 make up 6.3% of the population of children between the ages of 0-17, 0% were incarcerated in the adult system between 2007 and 2015. - Youth are Regularly Deprived of Due Process: Approximately 30% of the 472 youth waived to adult court during the study period spent more than 2 years incarcerated, between their arrest date and their sentencing date. - Youth are Subject to Long Term Solitary Confinement In the Adult Prison System: Solitary confinement is known to be psychologically damaging, especially to children. Yet, based on our survey data, over half the youth in adult prisons are put into solitary confinement; 5 percent spend over a year there, and about 4 percent spent 2 years or more in solitary. Nearly 70 percent of those placed in solitary had a mental health disorder. - Youth Suffer Abuse While in Adult Prison. Once incarcerated in an adult prison, one in four youth surveyed reported physical abuse; 5% reported sexual abuse. - Youth Needs are Not being Met in the Community: About 71% of youth waived to the adult system were known to at least two child-serving agencies, prior to their involvement in adult court, with the majority having been involved in the mental health system. Of those youth, more than two out of three children and youth have two or more mental health diagnoses.

Details: Elizabeth, NJ: New Jersey Parents' Caucus, 2015. 31p.

Source: Internet Resource: Accessed July 15, 2015 at: http://cfc.ncmhjj.com/wp-content/uploads/2015/05/NJPC_YJI-Data-BriefFinalll.pdf

Year: 2015

Country: United States

URL: http://cfc.ncmhjj.com/wp-content/uploads/2015/05/NJPC_YJI-Data-BriefFinalll.pdf

Shelf Number: 136088

Keywords:
Disproportionate Minority Contact
Juvenile Detention
Juvenile Offenders
Racial Disparities
Youth in Adult Prisons

Author: Campaign for Youth Justice

Title: Zero Tolerance: How States Comply with PREA's Youthful Inmate Standard

Summary: The United States' extraordinary use of adult correctional facilities to house youth presents numerous concerns, including serious, long-term costs to the youth offender and to society at large. Science and research conducted over the last 20 years confirm what common sense tells us: kids are different. Adolescent development and adolescent brain research have prompted leaders across the country to start looking at our juvenile justice system through a developmentally appropriate lens.1 Such a perspective equally applies to the treatment of youth who would be eligible for adult prison sentences. In light of the decline of youth arrests and youth crime, coupled with the requirements of the Prison Rape Elimination Act (PREA) the housing status of the 1200 youth under 18 years of age in the adult prison must be investigated. Each state has its own unique prison system, so in order to determine the housing status of youth we gathered information on each state's statutes, policies, and practices for housing the shrinking - and at times - invisible, population of youth in adult prisons across the country. Despite the strong language provided in the Prison Rape Elimination Act, state laws vary widely as to the regulations and parameters for housing youth in adult prisons. In fact, some states have no regulations or parameters governing the treatment of youth sentenced as adults at all. While some states have fully removed youth from their prison systems - Hawaii, West Virginia, Maine, California, and Washington - the overwhelming majority of states allow youth to be housed in adult prisons. In fact 37 states housed youth under 18 years of age in their state prisons in 2012. The PREA requirements have become the emerging standard of care for the housing of youth in adult facilities, yet the majority of states still permit the housing of youth in adult facilities, often times with no special housing protections. Once youth are sentenced in adult court to an adult prison term, few jurisdictions have enacted safeguards to protect their physical, mental and emotional health. Additionally, programs and behavioral responses in adult facilities rarely are adjusted to meet the needs of adolescent populations. To further complicate matters, nine states have a lower age of court jurisdiction which allows more youth under 18 to enter the adult criminal justice system automatically. Where the age of juvenile court jurisdiction ends at 15 or 16 years of age, state prison systems grapple with housing even younger youth and at high rates. For instance, on any given day New York houses approximately 131 youth under 18 in its state prisons while Georgia houses nearly 100 youth under 18. The dearth of policies to safely house youth under 18 in adult prisons requires further examination and should encourage policymakers to investigate alternatives to practices that put children in harms way. As state and local policymakers grapple with budget and resource allocations, removing youth from adult prisons should be a part of that calculation. This report explores how states house youth under 18 in prisons in the new age of PREA compliance and enforcement. Furthermore, this report highlights national trends in juvenile arrests, crimes, and incarceration of children in the adult system. With evidence of the decreasing number of youth entering the adult system, the recommendations focus on how states can successfully remove all youth from adult prisons.

Details: Washington, DC: Campaign For Youth Justice, 2015. 60p.

Source: Internet Resource: Accessed December 3, 2015 at: http://www.campaignforyouthjustice.org/images/pdf/Zero_Tolerance_Report.pdf

Year: 2015

Country: United States

URL: http://www.campaignforyouthjustice.org/images/pdf/Zero_Tolerance_Report.pdf

Shelf Number: 137434

Keywords:
Juvenile Inmates
Juvenile Justice Systems
Juvenile Offenders
Prison Rape Elimination Act (PREA)
Youth in Adult Prisons

Author: New Jersey Parents' Caucus

Title: The Solitary Confinement of Youth with Mental Health Disabilities in New Jersey's Adult Prison System

Summary: Being housed in solitary confinement has become conducive to the deterioration of my mental health. The things I have witnessed would shock and disgust many people. I have witnessed things like guards depriving inmates of their meals, mentally ill inmates throwing feces and other bodily fluids on each other, and officers spraying mace on inmates and letting them soak in the chemicals. All of these events and many more have in some way traumatized me and has led to me having many panic attacks and mental health issues. Indeed, there is a need for some kind of segregation for those who break the rules of the prison; however, when solitary confinement becomes so harsh and focuses solely on punishing individuals, any possibility of correction and rehabilitation to an inmate's behavior becomes impossible; consequently, the conditions become counterproductive. -DM, 20, NJSP. It is shocking and unacceptable that youth like DM, a New Jersey Youth Caucus Member, have spent over 1,000 days in solitary confinement while in an adult prison in New Jersey. As DM described, solitary confinement is harmful and traumatic. It is defined by isolation in a cell for up to 24 hours a day, as well as deprivation of social interaction, property, and often educational materials. In 2015, the U.S. Department of Justice under the Obama Administration began looking into the use of solitary confinement and the harmful psychological effects on inmates in prisons across the country. In an op-ed for the Washington Post, former President Obama wrote: Research suggests that solitary confinement has the potential to lead to devastating, lasting psychological consequences. It has been linked to depression, alienation, withdrawal, a reduced ability to interact with others and the potential for violent behavior. Some studies indicate that it can worsen existing mental illnesses and even trigger new ones. Those who do make it out often have trouble holding down jobs, reuniting with family, and becoming productive members of society. Imagine having served your time and then being unable to hand change over to a customer or look your wife in the eye or hug your children. As a result of the Department of Justice's review of solitary confinement, President Obama announced a ban on its use for youth in the federal prison system. In August 2015, the New Jersey Legislature passed and Governor Christie signed the Comprehensive Juvenile Justice Reform Bill S. 2003/A. 4299. This legislation eliminated the use of solitary confinement as a disciplinary measure in juvenile facilities and detention centers, as well as limited the time that solitary confinement could be imposed for reasons other than punishment, such as safety concerns. Unfortunately, these limitations on solitary confinement do not apply to youth in the adult prison system. As a result, the needs, stories, and trauma associated with youth placed in solitary confinement in adult prisons remain untold, unaddressed, and, ultimately, forgotten. In 2016, Governor Christie vetoed S. 51, legislation that would have dramatically reformed solitary confinement in New Jersey dictating that isolated confinement should only be used when necessary, and should not be used against vulnerable populations or under conditions or for time periods that foster psychological trauma, psychiatric disorders, or serious, long-term damage to an isolated person's brain. Christie's statement accompanying his veto of S. 51, which would have allowed solitary confinement only as a last resort, repeated his administration's claim that solitary confinement does not exist in our state, despite overwhelming evidence that it is used routinely, including as a form of discipline. In January 2018, Assemblywoman Nancy Pinkin and 19 other co-sponsors reintroduced the solitary reform bill, A. 314. As part of the New Jersey Youth Justice Initiative (NJYJI), we at the New Jersey Parents' Caucus have gathered comprehensive state data from the New Jersey Department of Corrections (NJ DOC) on 556 children tried, sentenced, and incarcerated in the adult prison system. The data largely covers the period of 2007-2016, though some information gathered dates back to 2003. In addition to the data retrieved from the NJ DOC, we have received qualitative data from a subset of the same population (163 youth) by means of a survey assessment provided to incarcerated youth and their parents, caregivers, and family members. Ninety-five youth answered questions about their experience in solitary confinement. Dr. Colby Valentine, Ph.D. analyzed NJYJI data, which includes self-reported questionnaires from ninety-two youth waived to the adult prison system, to understand the relationship between mental health and solitary confinement for youth in New Jersey prisons. Her analysis confirms that solitary confinement negatively affects the mental health of youth in New Jersey’s adult prisons, adding to prior research that states that prolonged isolation may cause or exacerbate mental health problems in adult inmate populations. It is the position of the New Jersey Parents' Caucus, Inc. (NJPC) and its membership that the State must ban the imposition and use of solitary confinement or restricted housing units - another term for solitary confinement - which were found in either administrative segregation or the Management Control Unit, a form of solitary confinement used at administrators' discretion on youth in adult jails and prisons. Solitary confinement imposes further violence, harm, and psychological damage on youth before they return to their communities. If these youth return home without adequate mental health and rehabilitative care, it negates their ability to become productive members of our society. Their stories and their needs must be addressed through legislation to end this cruel, but unfortunately, common, practice on youth in the adult criminal justice system.

Details: Elizabeth, NJ: The Caucus, 2018. 22p.

Source: Internet Resource: Accessed May 31, 2018 at: http://newjerseyparentscaucus.org/wp-content/uploads/2018/05/NJPCSolitaryConfinementBriefFINAL.pdf

Year: 2018

Country: United States

URL: http://newjerseyparentscaucus.org/wp-content/uploads/2018/05/NJPCSolitaryConfinementBriefFINAL.pdf

Shelf Number: 150421

Keywords:
Isolation
Juvenile Detention
Juvenile Inmates
Juvenile Offenders
Mentally Ill Inmates
Restrictive Housing
Solitary Confinement
Youth in Adult Prisons

Author: Awad, Jasmine

Title: Is It Enough? the Implementation of PREA's Youthful Inmate Standard

Summary: This September marks the 15th Anniversary of the Prison Rape Elimination Act (PREA), a federal law enacted to address the problem of sexual assault and rape in U.S. detention centers, jails, lock ups, and prisons. Regulations for the law specifically address one of the most vulnerable populations in adult jails and prisons: youth under age 18. PREA's Youthful Inmate Standard was developed to create a minimum standard that protects youth in adult facilities from being raped or sexually assaulted by requiring that youth are held in housing where they are sight and sound separated from adults. The standard also requires supervision when youth are outside of housing units with incarcerated adults. The challenges associated with keeping youth sight and sound separated under the standard has helped contribute to a growing number of state legislatures passing bills to create a presumption or a requirement that youth under 18 are held in juvenile placements even when they are prosecuted as adults. However, for the youth who remain in adult facilities, there are ongoing limitations associated with implementation of the law. In light of the 15th Anniversary of PREA, the Campaign for Youth Justice (CFYJ) reviewed over 800 audits of adult correctional facilities to identify how the facilities are complying with the Youthful Inmate Standard. The key findings of that review, will be released in a forthcoming brief entitled Is It Enough: The Implementation of PREA's Youthful Inmate Standard. These findings include the following: Most states do not collect or publish PREA audits for local jails, which is where most youth tried as adults are likely to be held. Only 81 adult facilities with publicly available PREA audits previously held, currently hold, or have the capacity to hold youth in the future. Of the 81, only 6 exceeded the PREA Youthful Inmate Standard. Out of the audits reviewed, the two facilities that did not meet the Youthful Inmate Standard were two jails in Texas where 17-year-olds are still automatically treated as adults in the criminal justice system. The adult facilities that exceeded the Youthful Inmate Standard most often held youth under 18 in separate units or separate buildings from adults. After examining the PREA audits, CFYJ found that generally even facilities that exceeded the Youthful Inmate Standard were providing basic necessities that could be better provided in a juvenile facility where youth would have greater access to educational and vocational programs. Compliance with the Youthful Inmate Standard, is costly for many states, especially as states struggle to retain qualified correctional officers to staff these facilities. As a result, a growing number of states and localities are finding alternatives to adult facilities for youth. The number of youth in adult jails on any given night has declined by over 50 percent from 2000 to 2016 according to data from the Bureau of Justice Statistics. While PREA's Youthful Inmate Standard was a step in the right direction, when it comes to providing youth what they need to develop into productive adults, it's not nearly enough. For many young people who remain in adult jails, compliance with the standard has resulted in prolonged solitary confinement, and continued threats to their physical safety. To ensure safety and rehabilitation, youth should not be held in places that were not designed or programmed with them in mind.

Details: Washington, DC: Campaign for youth Justice, 2018. 27p.

Source: Internet Resource: Accessed October 16, 2018 at: http://www.campaignforyouthjustice.org/images/nationalreports/Issue_Brief___Is_It_Enough__The_Implementation_of_PREAs_Youthful_Inmate_Standard_FINAL.pdf

Year: 2018

Country: United States

URL: http://www.campaignforyouthjustice.org/images/nationalreports/Issue_Brief___Is_It_Enough__The_Implementation_of_PREAs_Youthful_Inmate_Standard_FINAL.pdf

Shelf Number: 152962

Keywords:
Juvenile Inmates
Prison Rape
Sexual Assault
Youth in Adult Prisons