The Sentinel: Juvenile Crime

Illinois needs juvenile-justice reform, a proposed bill protects children's rights and safety

Research shows any length of detention has a poor outcome for children, especially those of color, and unnecessarily costs the state tens of millions of dollars each year.

by Judith Ruiz-Branch
Illinois News Connection

CHICAGO - A recent report is highlighting the need for a complete overhaul of the Illinois juvenile justice system. It called for a renewed rehabilitative focus while prioritizing the rights, needs and safety of children, which it argued is sorely lacking across the board.

The report by the Illinois Juvenile Justice Initiative found the majority of juvenile detention centers fail to meet even basic standards to keep children safe, which has opened counties up to lawsuits.

Katherine Buchanan, a consultant for the Illinois Juvenile Justice Initiative and the report's author, said the current state-subsidized, county-run model incentivizes the jailing of children and does not provide an ultimate authority on oversight, begging the question of why and how the state jails children.

"The timing is right to really look at when and why children are detained, and how we can really focus the use of detention on those most critical cases," Buchanan contended.

Buchanan pointed out research shows any length of detention has a poor outcome for children, especially those of color, and unnecessarily costs the state tens of millions of dollars each year.

The report found gaps across all centers in behavioral services and education, disciplinary actions and the use of solitary confinement. Overall, children of color are disproportionately impacted, coming into contact with the legal system at much higher rates than their white peers, even when they commit the same offenses.

Buchanan explained how childhood trauma increases the risk of delinquency in adolescents, and detention only serves to retraumatize an already at-risk population while compounding long-term consequences.

"Even short periods in detention can harm children in terms of their educational attainment, their ability to reengage in school, their mental health and also in terms of their long-term future earnings," Buchanan outlined.

The report called for legislation prioritizing community-based efforts and using detention as a last resort. A new bill was introduced last month to initiate efforts for juvenile justice reform across the state and largely mirrors the suggested solutions outlined in the report.

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Juvenile justice court alternative proves successful in Illinois

by Terri Dee
Illinois News Connection

CHICAGO - Anyone age 18 or younger accused of violating Illinois law, who has formal charges filed against them, has historically had their case tried in a courtroom but some judges are choosing another option in hopes of keeping young people out of the system.

Courts in Avondale, Englewood, North Lawndale and Sauk Village in Cook County use restorative justice for nonviolent felony or misdemeanor cases for people ages 18-26. They attend court-appointed conferences or "peace circles" with family, friends and community members to encourage accountability.

Elizabeth Clarke, founder and executive director of the Illinois Juvenile Justice Initiative, thinks the restorative justice model should be expanded.

"Cook County should be using it, not just in low-level cases, but in really serious felony cases," Clarke contended.

Victims and survivors of crimes may volunteer to participate in the conferences. This Friday, the Juvenile Justice Initiative will host two restorative justice practitioners with the Youth Justice Agency in Belfast, Northern Ireland, speaking at the Adler Institute on Public Safety and Social Justice in Chicago.

The Cook County Circuit Court website said a "Repair of Harm Agreement" lists what a young offender must complete, from performing community service and writing a reflection letter, to attaining a high school equivalency diploma and finishing a substance abuse program.

Joshua Brooks restorative justice hubs coordinator for the Institute on Public Safety and Social Justice at Adler University, said restorative justice is a practice; a way of life borrowed from Indigenous beliefs.

"It's really based on the principle that we belong to each other, and we need to do right by each other," Brooks explained. "There are just several different principles and values that include relationship building, confidentiality, repairing harm, community building, shared power. And the way that it's practiced is usually through circles."

Brooks argued strengthening relationships with community members and bringing them into a place where they can trust one another is also important. If the young person completes the items on their list, criminal charges are dismissed and the case is expunged.

Chicago Appleseed for Fair Courts data show between 2020 and 2023, 100 people completed a restorative justice program. By March 2023, 94% had their charges dropped or dismissed.

More work needed to keep young people out of criminal justice system

by Eric Galatas
Illinois News Connection

Recent brain studies showing youths do not fully understand the consequences of their actions until age 25.

CHICAGO - Advocates for juvenile justice reform recently gathered in Chicago to find ways to keep young people out of the criminal justice system.

Herschella Conyers, board chair of the Juvenile Justice Initiative, said part of the work needs to happen in schools. If schools were transformed into welcoming neighborhood activity centers, open from 7 a.m. to 7 p.m., Conyers believes children would see better educational outcomes and stay out of trouble.

"I know that's bold, I know that costs tax dollars," Conyers acknowledged. "But God, aren't we spending tons of money already for the wrong things that have not worked? And the cost of incarcerating a child is not a small cost."

In 2020, Gov. Pritzker announced plans to transform the state's juvenile justice system in four years, by moving incarcerated youth out of adult facilities, increasing wraparound supports and intervention, and boosting financial support for victims. But groups advocating for juvenile justice reform said the work is far from complete.

Joshua Brooks, restorative justice hubs coordinator for the Institute on Public Safety and Social Justice at Adler University, said the work of bringing offenders, victims and community members together to repair harm done is the number one intervention communities want. But young people need to be fully reintegrated into communities, or they just end up back on the streets.

"Restorative justice has been known to reduce recidivism," Brooks noted. "That's true, it does. But also, if a person who exits out the criminal justice system gets a job, and is employed, that reduces recidivism too."

Scott Main, assistant director of the Illinois Juvenile Defender Resource Center, pointed to recent brain studies showing youths do not fully understand the consequences of their actions until age 25. He pointed to states like Vermont, where they are not willing to put juveniles in adult court until they have reached full maturity.

"We should look to Washington D.C. and California that has second-look legislation, looking at sentencing for individuals up to the age of 25," Main urged. "Illinois hasn't done enough, we need to keep pushing forward."

Fining kids by the Illinois criminal justice system needs to end

Northern Ireland agency could be a model for US juvenile-justice system

As lawmakers in Illinois and across the nation consider reforms to the nation's juvenile-justice system, one country across the Atlantic could serve as a model.

Northern Ireland's Youth Justice Agency places an emphasis on early diversion, community involvement and restorative justice.

Viewpoint | Fining kids by the Illinois criminal justice system needs to end

These costs have nothing to do with creating accountability or achieving victim restitution.

by Officer Dave Franco (Ret.)
Chicago Police Department

From my perspective, after 31 years in law enforcement and now as an adjunct professor teaching Juvenile Justice Administration at Wright College in Chicago, failure is when people involved in the justice system are left without the means to create a better future for themselves and their families. Across communities, those means can take many shapes. But here in Illinois, I see one glaring failure: the actual cost of justice, particularly for youth in the juvenile system. The juvenile fines and fees that burden young people and their families don’t enhance public safety—they fail as a measure for youth accountability and serve only to make youth more likely to reoffend.

As a committed member of Illinois’ law enforcement community interested in public safety and justice, I support the passage of SB1463 and its companion bill in the house, HB3120, and I hope other Illinoians will join me. Imposing harsh punishments on juveniles is an unfair and outdated practice that was never based on evidence and must be left behind.

In Illinois, “fine and fees” refer to administrative fees and financial penalties imposed by courts. The Juvenile Court Act of 1987 and other Illinois statutes set up a series of costs specifically for children and their families. But these costs have nothing to do with creating accountability or achieving victim restitution. The reality is a system that creates bigger barriers to youth rehabilitation.

These kids are likely still in school; they are unlikely to have jobs, and if they do, they have limited working hours and income. The system does not take into account their individual circumstances, and is, instead, designed for them to fail.

The new legislation is designed to streamline and simplify the juvenile justice process while reducing the cost for those involved by eliminating fines and fees in cases against minors. Right now, fines and fees can range from less than $50 to almost $1000 and add up quickly. These costs are higher in some counties than others. This legislation would address that problem and make justice equal across the state without undermining a judge’s ability to set victim restitution and order other non-financial conditions that focus on accountability and rehabilitation.

A 2016 study showed that financial penalties imposed on youth increased their risk of reoffending rather than acting as a deterrent. Unpaid debts have lifelong consequences that can impact job prospects, educational opportunities, and much more. Imposing debt on minors sets them up for continued failure and makes it increasingly difficult to change their circumstances without returning to criminal activity.

Passing this legislation won’t be a ‘get out of jail free’ card for youth and it won’t allow them to escape accountability for their actions. Instead, it will create space for new systems that are proven to increase public safety and improve outcomes for justice-involved youth. There are better options for rehabilitation and better ways for Illinois to spend money on the criminal justice system. In 2021, a study from the National Bureau of Economic Research showed that restorative justice programs for juvenile offenders reduced the probability of rearrest by 44%, while another study found that community-based interventions were not only more effective, but less costly to states. Better justice practices are possible, we owe it to young people to give them a better chance at success.

Not only are the policies bad for recidivism rates, but they are bad fiscal policy as well. The longer someone has criminal justice debt, the less likely it is to be collected. Comparing Illinois counties to counties in other states where juvenile court debt collection is relatively high, the courts there only collect about 4% of debt that is more than six months old; after three years, the debt is completely uncollectible. Illinois counties can’t rely on debt they may never collect to pay for the cost of the justice system. Even if they do collect, the actual revenue still won’t be enough to cover the resources used to administer the system: most small counties in Illinois take in less than $5,000 in juvenile justice costs every year. Juvenile fines and fees generate almost no revenue and the cost of collecting is often higher.

If passed, SB1463 will be applied automatically and retroactively, meaning that existing debts will be canceled and no new ones will be imposed on juveniles and their families. This will not be a loss of revenue for Illinois counties, instead it will be a way for those counties to better use its resources that would have been spent on debt collection.

Illinois must join the over 20 other states that have eliminated or reformed juvenile fines and fees. The system of fines and fees is causing youth offenders to fail and we as Illinoians are failing them by not working for change. This legislation, SB1463/HB3120, is a critical step for public safety and for creating better systems of justice for Illinois’ juvenile offenders.

Officer David Franco (Ret.) served with the Chicago Police Department for three decades since the early 1980's, focused on issues ranging from terrorist threats to abandoned property and everything in-between. He is currently an adjunct professor of Criminal Justice at Wright College in Chicago. He holds a BA from Northeastern Illinois University and a MPA from the Illinois Institute of Technology.

Northern Ireland agency could be a model for US juvenile-justice system

by Jonah Chester, Illinois News Connection

As lawmakers in Illinois and across the nation consider reforms to the nation's juvenile-justice system, one country across the Atlantic could serve as a model.

Northern Ireland's Youth Justice Agency places an emphasis on early diversion, community involvement and restorative justice.

Kelvin Doherty, assistant director of the Agency, said the goal is to keep kids out of police custody and prevent them from building a criminal record.

"Let's address these concerns and these issues before the police are called, and before they get into a court setting," Doherty urged.

Doherty pointed out the restorative-justice process can take one of several paths: including a simple apology, community service or mental-health treatment. According to data from the Youth Justice Agency, more than 97% of victims said they are satisfied with the restorative-justice process.

The Youth Justice Agency was established in 2002, and was born out of the Good Friday Agreement. Doherty explained the program was part of a multipronged effort to modernize Northern Ireland's justice system.

"And the modernization process said, well, for a new justice system in Northern Ireland, it has to be not just about children and reducing reoffending," Doherty explained. "But it also has to be for victims and for communities as well."

From April 2020 to April 2021, Northern Ireland's Justice Department saw a nearly 17% decline in cases where kids came into contact with the criminal-justice system.

Doherty noted early diversion and support programs, typically used when the child is between 10 and 12 years old, can help prevent kids from coming into contact with the criminal-justice system down the line.

"Problems can be resolved in the child's life before they get worse," Doherty asserted. "And it has a better outcome for agencies and service providers, because it often involves less effort and more success, the earlier you are intervening or diverting children within the justice system."

According to the Children's Defense Fund, nearly 2,000 children are arrested in America every day. While the organization noted the overall number of kids in the juvenile-justice system was halved from 2007 to 2020, severe racial disparities persist, as children of color are nearly two times more likely to be arrested than white children.