Detention
This guidebook from National Conference of State Legislatures provides information on current youth justice policy at the federal and state level exploring a range of youth justice policy areas rom age of juvenile court jurisdiction and transfer into adult court to diversion and probation. From the introduction: “Today, a sound body of youth justice law…
This brief from the Massachusetts Office of the Child Advocate is one in a three-part series that looks at disparities in Massachusetts’ juvenile legal system related to geography, race/ethnicity, and gender and sexual orientation. This brief “analyzes Massachusetts juvenile justice system data from fiscal year 2025 (July 1, 2024 – June 30, 2025) with each…
From the introduction by the ACLU of Maine: “In 2025 and 2026, the Maine legislature passed a package of important bills to protect Maine’s immigrant residents and ensure they can access state and local services without fear that doing so will lead them or their loved ones to be targeted by federal immigration authorities. This…
The Juvenile Law Center, the Gault Center, and Dr. Gia Elise Barboza-Salerno filed an amicus brief in support of an eleven-year old child who was deemed incompetent to stand trial and detained for competency restoration. From the introduction: Confining an eleven-year-old child deemed incompetent in a detention facility puts the child at grave risk of…
From the resource by Case Western Reserve University Schubert Center for Child Studies: “This document offers an overview of the most current and reliable national and Ohio-specific guidance and resources to support practitioners and providers working with immigrant children. It is organized in the following child and youth-specific settings: Each section provides practical tools, current…
The Supreme Court of New Mexico held that a young person’s age and intellectual disability are relevant considerations in determining whether the constitutional right to a speedy trial was violated. In State v. Villalobos, the Court held that an individual who had an intellectual disability and was 15 years old at the time of the…
From the abstract: “Among the constellation of actors who appear in courtrooms every day, probation has been largely overlooked in conversations and debates about institutional reform in the criminal legal system. Prior scholarship has focused on probation’s role in administering the sentence of probation. This Article calls for recognizing probation as a key institutional player…
This complaint filed in the U.S. District Court for the District of Colorado challenges Colorado’s practice of keeping dually involved youth detained on a delinquency case due to a lack of placement options in the state’s foster care system. The complaint raises substantive and procedural due process violations and seeks declaratory and injunctive relief. “The…
From the resource by Children’s Rights: “Every child deserves to grow up supported by family, connected to community, and free from fear. Yet federal immigration policies systematically undermine these basic rights, subjecting immigrant children to family separation, detention in harmful settings, and isolation from community supports. These harms are the result of deliberate policy choices…
The New Mexico Court of Appeals held that Malachi D. was reserved his right to appeal despite his plea, and the trial court erred in granting counsel’s request to dismiss the cause as the adjudication hearing was not heard in a timely manner. The court reasoned in part: “We believe that the judgment and disposition…
In re J.D., the Appellate Court of Maryland vacated the circuit court’s imposition of a suspended commitment to the Department of Juvenile Services because this dispositional option is not authorized by the Maryland Rules or the Juvenile Causes Act. The court offered the following language in support: “In our review of the Juvenile Causes Act, we found the statute to be clear and unambiguous. It plainly provides for three types of disposition: probation, commitment…
This proposed draft of a legislative “findings and declarations” document for a youth detention and disposition reform bill in California affirms the legislature’s commitment to make placement in juvenile detention “the exception, not the rule.” The draft findings rely on research regarding the impact of detention on young people, racial justice, developmental science, and California…
The Fifth District Court of Appeal held that gang enhancements may form the basis of a petition for habeas relief and appointment of counsel under the state’s Racial Justice Act. The court stated in relevant part: “The present petition alleges racially disparate treatment, and it identifies the statutory subsections implicated as the basis for the…
The Ohio Department of Youth Services released a report capturing data on youth who were charged with firearm-related offenses as part of the Juvenile Detention Alternatives Initiative (JDAI). “According to 2024 data submitted by Ohio JDAI sites, there were a total of 866 admissions to detention for a firearm-related charge. The majority of admissions to…
This memorandum proposes language for a detention and disposition reform bill in California. The memorandum proposes four areas the detention reform bill aims to change including: 1) clarifying the legal standard for pre-adjudication detention of youth, 2) clarifying the juvenile court’s authority to determine whether pre-adjudication detention is still necessary, 3) clarifying the standard at…
This report, by The Sentencing Project, examines the changes in involvement of women and girls in the criminal and juvenile legal system over the past quarter century. The report includes data examining the rise of women and girls’ incarceration in jails, state and federal prisons, residential placement centers, as well as women under the control of the U.S. Corrections systems through probation or parole., This…
From the abstract: “Juvenile correctional programs that focus solely on safety, education, and structure yield suboptimal outcomes. Youth in these facilities often have learning disorders, and adaptive challenges, have been exposed to severe trauma, and have mental disorders, including autism spectrum disorder. Consequently, rehabilitation programs must be comprehensive, individualized, developmentally informed, and trauma informed to…
CfJJ delivered written testimony to the Massachusetts’ Joint Committee on Racial Equity, Civil Rights and Inclusion on information-sharing practices between the juvenile and criminal legal systems and federal immigration authorities. Following a review of public records requests around these practices, CfJJ found a pattern of collaboration between police, prosecutors, probation officers, and Immigration and Customs…
The Sentencing Project released an updated snapshot of the numbers of youth in the juvenile legal system from 2000 to 2023, finding significant declines in youth arrests and incarceration, though racial and ethnic disparities persist. The report calls for the need to continued shrinking the juvenile legal system by increasing informal or diversionary responses to youth arrests. Introduction: “Youth arrests and incarceration increased dramatically in the closing…
“The need to protect the rights of children and young people in detention is the subject of a recent United Nations study (Nowak 2019) and is highlighted by national and international controversies. This article examines the role of external monitoring in preventing the ill-treatment of children and young people in detention. Australia has until recently…
This is a sample “youth report to the court” document (created by a Juvenile Court Judge in Iowa), for youth who are currently under the juvenile court jurisdiction. This report is provided to young people when they appear in court, asking if they would like the space to share pertinent information and ask questions of…
This report from Vera Institute for Justice provides examples of reforms from various states that are working to reduce the incarceration of girls in detention and long-term placement. “Over the last decade, as a direct result of focused efforts by youth advocates and a growing body of research on developmentally appropriate practices, many states have…
“The right to have your day in court is foundational to the U.S. criminal legal system. Yet, many noncitizens in immigration detention facing criminal charges are denied this right when ICE routinely fails to produce immigration detainees to criminal court to resolve charges. In immigration proceedings, immigration judges regularly use those unresolved charges to detain…
