Juveniles in Adult Prisons and Jails - Office of Justice Programs

U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance

Monograph

Juveniles in Adult Prisons and Jails

A National Assessment

Bureau of Justice Assistance

U.S. Department of Justice Office of Justice Programs

810 Seventh Street NW. Washington, DC 20531

Janet Reno Attorney General

Daniel Marcus Acting Associate Attorney General

Mary Lou Leary Acting Assistant Attorney General

Nancy E. Gist Director, Bureau of Justice Assistance

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This document was prepared by the Institute on Crime, Justice and Corrections and the National Council on Crime and Delinquency, under grant number 97?DD?BX?0026,awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime.

Bureau of Justice Assistance

Juveniles in Adult Prisons and Jails

A National Assessment

James Austin, Ph.D. Kelly Dedel Johnson, Ph.D.

Maria Gregoriou, M.A.

Institute on Crime, Justice and Corrections at The George Washington University and

National Council on Crime and Delinquency

October 2000

Monograph

NCJ 182503

Juveniles in Adult Prisons and Jails

Foreword

Since 1992, 45 states have passed or amended legislation making it easier to prosecute juveniles as adults. The result is that the number of youth under 18 confined in adult prisons has more than doubled in the past decade. This phenomenon is challenging the belief, enshrined in our justice system a century ago, that children and young adolescents should be adjudicated and confined in a separate system focused on their rehabilitation.

In 1997, the Bureau of Justice Assistance funded a nationwide study of juveniles in adult correctional facilities to help policymakers and criminal justice practitioners form an effective response to this critical issue. Juveniles in Adult Prisons and Jails: A National Assessment is the product of that study. This report begins to answer important questions about this vulnerable population: What is the extent of juvenile confinement in federal, state, and local facilities? What types of facilities are used to house juvenile offenders? What happens to juveniles in the adult system? Are juveniles in adult facilities educated, treated for substance abuse, and taught skills that will help them find a job after their incarceration? Are prisons and jails protecting young offenders from physical, sexual, and psychological abuse? What are the alternative strategies for housing offenders sentenced to long terms in adult facilities?

As the findings of this study show, there are important steps we can take now to improve the well-being of juvenile offenders in adult facilities. We can develop specialized vocational, sex offender, and substance abuse programs tailored to the developmental needs of youth. We can ensure that staff in adult facilities take seriously their federal mandate to provide regular and special education services to youth in their care. And we can do much more to ensure the safety and care of young offenders who interact with adult offenders.

It is our hope that this work engages public officials, administrators, judges, prosecutors, public defenders, scholars, and other criminal justice practitioners in a frank and meaningful discussion about the incarceration of juveniles with adults.

Nancy E. Gist Director Bureau of Justice Assistance

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Juveniles in Adult Prisons and Jails

Contents

Executive Summary ......................................................................................ix Historical Context of the Study .............................................. ix Study Objectives ........................................................................ x Major Findings ........................................................................... x Recommendations .................................................................... xi

Chapter 1

Introduction ............................................................................... 1 Background to the Study .......................................................... 1 Historical Trends in the Number of Youth Confined in Adult Facilities ....................................................................... 4 Conditions of Confinement ...................................................... 7 Policy Issues Addressed by the Study.................................... 8 Overview of the Report ............................................................ 9

Chapter 2

Legal Issues Relating to Conditions of Confinement for Youth in Adult Facilities ................................................ 11 Introduction .............................................................................. 11 Issues Arising in Institutional Litigation............................. 13

Classification ............................................................... 13 Health ........................................................................... 15 Access ........................................................................... 17 Programming .............................................................. 19 Training ........................................................................ 20 Environment ................................................................ 21 Restraints ..................................................................... 24 Safety ............................................................................ 26 State Statutes and Juvenile Transfer Laws .......................... 27 Law Case Citations .................................................................. 29

Chapter 3 Characteristics of Juveniles Housed in Adult Jails and Prisons.......................................................... 35

Introduction .............................................................................. 35

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