Reduce Racial Disparities in Juvenile Detention

While minority youth constitute approximately one-third of the youth population, they represent two-thirds of the detention/correctional population. One reason is the disparate treatment of minorities at various decision points in the juvenile justice system. [i]   

What Can Policymakers Do?

• Mandate data analysis, developing  benchmarks and goals and annual progress reports. Federal law requires states develop data and recommendations to reduce disproportionate impacts on minority youth in youth detention systems. Many jurisdictions have reviewed data and developed a measurable action plan to correct disparities.  This process is frequently supported by the Haywood Burns Institute, which focuses on disproportionate confinement of minority youth. [ii]     

• Create a planning and oversight body.  Iowa Governor Chester Culver created through an Executive Order the Youth Race and Detention Task Force to bring together state and local officials and juvenile justice system experts. Goals include assessing the detention system and the impact of detention reform, developing and implementing objective admissions criteria and detention instruments, studying the operational system, reviewing use of detention alternatives, and suggesting solutions to reduce racial disparities. [iii]  

• Examine existing policies and statutes for bias.  Existing laws or policies that appear race neutral can result in a disparate impact on minorities. Cook County, Ill., discovered that a law enhancing penalties for drug sales near schools almost exclusively impacted minority youth. [iv]  

• Fund expansion of indigent defense.  Legal representation can ensure that appropriate information is shared, assessments are conducted, case planning is thorough and alternatives to detention are used. Multnomah County, Ore., expanded trial support and assistance to minority youth. This significantly increased alternatives for youth who otherwise faced secure detention. [v]