NCSL LegisBrief: Juvenile Confinement Conditions and Services

NCSL LegisBrief

Briefing Papers On the Important Issues of the Day

Juvenile Confinement Conditions and Services

By Kelly Fox and Donna Lyons

January 2003
Volume 11, Number 5

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The numbers of confined juveniles increased 37 percent between 1989 and 1998. Increasingly, juvenile detention and corrections centers are filled beyond capacity and struggle to provide adequate educational, medical, mental health and social services to confined youths. Many confined juveniles have special needs. Research estimates are that 40 percent have a learning disability; 60 percent, a conduct disorder; and 6 percent suffer from psychotic disorders. And it is estimated that the average confined ninth grader can read at only a fourth grade level. Clearly, states are challenged to deal with the growing numbers of confined juveniles and their significant needs.

The increase in the numbers of confined juveniles reflects the significant increases in youth crime in the late 1980s and early 1990s. Although levels of serious juvenile crime have since dropped, legislation put in place at that time continues to provide stricter penalties for adjudicated youths, including placements in detention and correctional facilities.

Federal Action

The past decade has seen a number of investigations and lawsuits by the federal government regarding the adequacy of care that states are providing in juvenile facilities. These actions are brought under the 1980 Civil Rights of Institutional Persons Act (CRIPA) and the 1975 Act of Individuals with Disabilities Education Act (IDEA). Department of Justice investigations under CRIPA consider the adequacy of medical, mental health and social services. IDEA investigations focus on whether special education and related services provided to confined juveniles are comparable to that provided to other children in public schools. If deficiencies are noted and not rectified, states face federal litigation and oversight.

State review may help improve conditions in juvenile corrections. Items to be considered include:

Policy and procedures for assessment of youths. This considers the seriousness of the offense, placement and programming needs. Effective assessment also helps reserve corrections options for the most serious offenders, which may help address overcrowding.
Mental health treatment. This will determine availability and suitability of routine care in juvenile facilities, and also what options are available for juveniles with serious mental illness.
Medical care. This again determines availability of adequate, routine medical care, and a look at on-call or emergency physician or nurse services.
Use of force and disciplinary measures. These include policies and procedures on the use of restraints and Mace, "take downs" and seclusion of youths.

State Actions

States are making administrative and statutory changes to address juvenile confinement conditions. South Dakota and Georgia have undertaken broad reforms. Following the death of a juvenile offender in 1999, South Dakota began a criminal investigation of its training school. Legislation was enacted that limits employees or agents of the Department of Corrections from using restraints. The state also has hired more staff, including correctional officers, counselors, and medical and mental health professionals, and provided training. An independent ombudsman also was established.

A Department of Justice investigation of Georgia's juvenile justice system that began in 1997 concluded that its facilities were overcrowded and lacked several essential programs. The state agreed to improve education and special education by developing a new curriculum. Statutory reforms expanded the circumstances that divert juveniles to mental health facilities and required periodic progress reports to the legislature. Additional mental health, nursing and dental staff were hired.

A Kansas law revised the funding formula to state K-12 schools to include education services in juvenile detention facilities. In Louisiana, a law was enacted to allow confined juveniles to remain six months after their 18th birthday to complete their education. State legislatures also are addressing mental health issues. Arizona now allows courts to place juveniles in a setting where they receive treatment while it is determined if they are competent to stand trial. A Missouri law authorized social service, mental health, health and school officials to share certain information regarding youth.

Detention and corrections traditionally have been and remain today a major component of juvenile justice systems. Deciding when to use secure confinement and creating policies that address appropriate conditions and services, continue to be important issues before state legislatures.

Please view the Adobe Acrobat version for "States That Have Passed Statutory Reform Since 1998 to Address Juvenile Confinement Conditions."

Selected References

Office of Juvenile Justice and Delinquency Prevention. Fact Sheet: Juvenile Offenders in Residential Placement: 1997-1999. Washington, D.C.: U.S. Department of Justice, March 2002.

Office of Juvenile Justice and Delinquency Prevention. Juvenile Court Placement of Adjudicated Youth, 1989 -1998. Washington, D.C.: U.S. Department of Justice, February 2002.

Referenced Legisation: Arizona-ARS § 8-291.02; Georgia-Ga. Code Ann. § 15-11-36.1; Kansas-K.S.A. § 72-6430; Louisiana-L.R.S. § 46:1403.1; Missouri-RSMO § 167.117; South Dakota-SDCL § 26-11A

Contact for More Information

Sarah Brown
NCSL-Denver
(303) 364-7700, ext. 1361
sarah.brown@ncsl.org