Reduce Racial Disparaties

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.^[1] Considering the racial disparities in juvenile justice is a critical component of efforts to improve a state’s juvenile justice system.  According to the Office of Juvenile Justice and Delinquency Prevention, addressing disproportionate minority contact (DMC) with the juvenile justice system is a core requirement of the Juvenile Justice and Delinquency Prevention Act (JJDPA) and is a fundamental matter of justice and fair play.^[2] Some of the strategies that can be used to reduce racial disparities include:

• 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.^[3]

• 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.^[4] 

• Adhere to JJDPA requirements to address disproportionate minority contact. Reducing the overrepresentation of minority youth in the nation's juvenile justice system is a priority for the federal government and is important to ensure community health and safety.  Federal law requires states develop data and recommendations to reduce disproportionate minority contact with the juvenile justice system. Many jurisdictions have started to review data and develop a measurable action plan to correct disparities. California’s Department of Corrections and Rehabilitation offers funds, available through the Enhanced DMC Technical Assistance Project, to support probation departments in understanding and identifying DMC in California. This is a part of efforts in the state to better equip these agencies with the tools and resources needed to provide leadership in developing and/or strengthening community-based DMC reduction activities.

• Examine existing policies and statutes for bias. Existing laws or policies that appear to be race neutral often result in a disparate impact on minorities. It is important to consider the effect a policy could have on communities of color in order to ensure equity.  Cook County, Illinois, discovered that a law enhancing penalties for drug sales near schools almost exclusively impacted minority youth.^[5]

• Fund the 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, Oregon, expanded trial support and assistance to minority youth. This significantly increased alternatives for youth who otherwise faced secure detention.^[6] Created in 2004 by the Office of Indigent Defense Services (IDS) in North Carolina, the Juvenile Defender works full-time on reform initiatives related to juvenile defense and offers comprehensive training programs for juvenile defense attorneys.