Principle 3
Juvenile justice policies and stakeholders should avoid the unnecessary involvement of youth in the juvenile justice system.
As mentioned in the original “Principles” report, involvement in the juvenile justice system can have unintended adverse consequences for youth. Secure confinement, for example, can limit meaningful rehabilitation, expose youth to others who are more experienced with criminal behavior, and reduce the likelihood that a youth will graduate from high school. Diverting young people where appropriate can limit adverse consequences and reduce reoffending more than traditional court processing, including for medium- and high-risk youth. Diversion can also enable jurisdictions to realign fiscal resources to support evidence-based community alternatives.
Encourage alternatives that divert appropriate youth from formal court processing.
State legislatures have continued to enact legislation that helps young people avoid unnecessary involvement in the justice system.
Using alternatives to formal court processing is generally referred to as diversion. Diversion programs typically allow a youth to complete certain requirements in lieu of being formally charged with an offense, or in exchange for the original charges being dismissed or reduced. These mechanisms can correct problematic behaviors without involving the justice system and can improve outcomes for youth.
In the last three years, five states have passed laws providing for pre-arrest diversion for young people.
For example, Delaware has a Juvenile Civil Program that provides law enforcement officers with the discretion to refer to the civil citation program any juvenile charged for the first time with any misdemeanor-level behavior. Through that program, the young person can be required to participate in counseling, treatment, community service or any other appropriate intervention. Legislation in 2018 repealed the sunset provision on the program to allow it to continue.
Florida also passed legislation on pre-arrest diversion for youth and adults in the state. The law implements a pre-arrest diversion program and made legislative findings “that the widespread use of civil citation and similar pre-arrest diversion programs has a positive effect on the criminal justice system and contributes to an overall reduction in the crime rate and recidivism in the state. The Legislature encourages but does not mandate that counties, municipalities, and public or private educational institutions participate in a civil citation or similar pre-arrest diversion program created by their judicial circuit under this section.”
Tennessee‘s 2018 justice reform bill includes a provision that allows law enforcement to issue citations to juveniles for all offenses that would be misdemeanors if committed by an adult.
In 2018, Massachusetts established a statewide framework for diversion whereby judges now have the authority to divert youth from court prior to arraignment. Before this enactment, only police and prosecutors had the ability to divert young people from the system. A complete assessment of diversion and access to community-based interventions in Massachusetts was published in 2019.
In 2019, Louisiana amended its law to give law enforcement the option to issue verbal warnings to young people in lieu of arrest.
As mentioned in the original “Principles” report, Kansas enacted comprehensive juvenile justice reform in 2016 that included legislation expanding diversion. Data there is showing signs of progress. According to Juvenile Justice Oversight Committee, 99 of Kansas’s 105 counties “now operate what are known as immediate intervention programs, an option that diverts youth from being formally charged in the juvenile justice system. According to the 88 counties that reported data for 2018, 89% of youth successfully completed their programs.”
Utah adopted significant legislative reforms to its system in 2017, including increasing diversion opportunities for youth charged with misdemeanors, infractions or status offenses, among other criteria. Following these reforms, the percentage of youth being offered “nonjudicial adjustment” diversion rose from 31% to over 55%.
Find ways to address youth’ risks and needs outside the court system and involve them in diversion opportunities only as long as necessary.
State and local governments are investing in and developing strategies to address youth’s needs outside the court system.
In The Front Porch program in Savannah, Ga., the Chatham County school district, the juvenile court, city and county government, and other local agencies partnered to open the multiagency resource center that diverts young people before they enter the system. The center, focusing on school-aged children and their families, accepts referrals from schools, courts, youth and families and offers assessments and counseling. Specifically, young people who come to The Front Porch are assessed by the staff and referred to a multiagency planning panel, which develops an individual intervention plan for each family. The program is designed to proactively assist low-risk youth and their families in and around Savannah and connect them with services to reduce unneeded court contact. More information about assessment centers can be found here.
Washington state has a similar program out of King County’s prosecuting attorney’s office called Choose 180. According to its website, the program is a pre-filing diversion “designed to be a tool to get at the heart of why youth sometimes make bad choices, and to help keep youth out of the criminal justice system.” Young people referred to Choose 180 attend a half-day workshop with other people in the community who have shared experiences, work in small groups to identify troublesome behaviors and learn how to move forward. Upon successful completion of the workshop, young people have the alleged offense that led to their referral dismissed. The program diverts approximately 400 young people every year from formal entry into the justice system.
Prioritize strategies that task child-serving systems other than the juvenile justice system to meet youth’ needs for matters that do not impact public safety.
In the past three years, states have continued to enact laws and policies that direct child-serving systems other than the justice system—particularly the school system—to address the risks and needs of young people.
Indiana enacted HB 1421, in 2018, which requires the department of education to develop an evidence-based plan for improving student behavior and discipline. Specifically, the plan must outline ways to reduce out-of-school suspension and racial and ethnic disparities in discipline and expulsion. The plan must also contain a limit on referrals to law enforcement or arrests on school property to cases in which the referral or arrest is necessary to protect the health and safety of students or school employees. Finally, it requires the department of education to conduct a survey of school discipline policies to determine the extent to which positive discipline and restorative justice practices are being employed.
A Tennessee law, passed in 2017, now requires each school board to adopt progressive truancy interventions for students who violate compulsory attendance requirements. The statute explicitly says the “interventions must be designed to address student conduct related to truancy in the school setting and minimize the need for referrals to juvenile court.”
Virginia passed legislation in 2020 to allow for a juvenile court intake officer to defer filing a petition in a truancy case in order to develop and allow the young person to complete a truancy program. In the Falls Church, Va., program, “a probation counselor assembles an interagency team to meet with the youth and parents, and to identify services that will address the underlying problem. The probation counselor develops a diversion contract with the youth and parents and supervises the youth informally for 90 days to provide assistance and ensure complete follow-through.”
Schools, law enforcement, courts and other stakeholders should communicate about the appropriate roles of law enforcement officers and consider limiting their involvement to serious matters of safety.
As mentioned in the original “Principles” report, school disciplinary infractions can develop into juvenile justice involvement for young people when the roles and responsibilities of schools, law enforcement and courts lack clarity. Some see law enforcement officers as an important layer of campus safety. Others, however, are concerned that young people make their way into the justice system when school systems rely excessively on law enforcement and the justice system to resolve minor behavioral problems, rather than serious matters of public safety. According to the US Department of Education, during the 2015-16 school year, approximately 290,600 students were referred to law enforcement or arrested in public schools around the country.
Tennessee, Nebraska and Virginia enacted legislation in the last three years that are examples of how schools, law enforcement, courts and other child-serving entities can define and limit the role of law enforcement.
A 2018 Tennessee law contains a provision that requires school personnel who file petitions with juvenile court to provide documentation of efforts to address problems in school before petitioning the court. They must also provide facts and information that show the need for court intervention.
A 2018 Tennessee law contains a provision that requires school personnel who file petitions with juvenile court to provide documentation of efforts to address problems in school before petitioning the court. They must also provide facts and information that show the need for court intervention.
In 2019, Nebraska passed legislation requiring the state’s department of education to develop a model Memorandum of Understanding (MOU) for use between school districts and law enforcement. It requires any law enforcement agencies with school resource officers (SROs) to adopt the model. All the MOUs “will delineate the roles and responsibilities of school resource officers, security guards, and school officials to balance the interests of safety for students and school staff.” The MOUs require SROs or security guards to attend a minimum of 20 hours of training that focuses on:
- Student rights
- Understanding students with special needs.
- Conflict de-escalation techniques.
- Ethics.
- Adolescent brain development.
- Implicit bias training.
- Diversity and cultural awareness.
- Trauma-informed responses.
- Preventing violence in the school setting.
Virginia’s SB 171, enacted in 2020, included new training provisions for SROs and school security officers similar to Nebraska’s. SROs must attend minimum training that includes de-escalation techniques, such as physical alternatives to restraint, awareness of cultural diversity and implicit bias, and working with students with disabilities, mental health needs, substance abuse disorders or past traumatic experiences. Training must also include current brain research on child and adolescent development.
In June 2020, school districts in Minneapolis and Denver voted to remove all police presence from schools due to concerns about systemic racial and ethnic disparities. More information on policies related to racial and ethnic disparities can be found in the update to Principle 10.