Probation
This guide from the Interstate Commission for Juveniles provides guidance for court and legal personnel on introducing and admitting evidence in ICJ-related proceedings. From the Overview of the Issue: “At the request of the Commission’s Executive Committee, the following legal analysis has been prepared to serve as a resource documenting the legal implications of the significantly increased number of formal…
From the introduction: “In the 2020 survey, an overwhelming majority of judges and probation administrators responded that efforts to promote probation practice changes should be grounded in research and be data-driven. In addition, most indicated that support for probation transformation would grow if reforms helped to address the challenge of improving racial/ethnic equity. More specifically,…
From the Urban Institute: Jurisdictions across the country are changing how they administer juvenile probation and better aligning policy and practice with developmental science and positive youth development to improve outcomes for youth, families, and communities. These changes often advance two goals: divert most youth from system involvement altogether and shrink probation caseloads, and change…
From the conclusion: “Washington, DC has severe racial disparities in its justice-involved population. That should alarm local leadership and its residents. These disparities are rooted in policing practices that target communities of color, a lack of investment and opportunity in historically disadvantaged neighborhoods, and an overly punitive sentencing, parole, and corrections system. The current system…
From the introduction: “This brief summarizes key findings from an unprecedented research study conducted by The Council of State Governments (CSG) Justice Center on the impact of juvenile justice system involvement—particularly probation— on school attendance in South Carolina and challenges jurisdictions across the country—as well as the broader field—to reconsider whether system involvement is the…
From the introduction: “This brief presents the research case for eliminating the use of correctional confinement or detention in response to technical violations of juvenile probation.”
From the Introduction: “Currently, there is an overrepresentation of youth with communication disorders in the juvenile justice system (JJS) compared to the general population (Anderson et al., 2016; LaVigne & Rybroek, 2011). Current research also suggests that once a youth offender has entered the JJS, their odds of having further involvement in the JJS increases,…
From the Abstract: “Technical probation violations are common among probation-involved youth and, across many jurisdictions, may result in detention or residential placement. The current study examined prevalence of technical violations occurring during one’s first probation period, the average time to technical violation, and individual-level and justice-related factors related to technical violations among probation-involved youth in…
From the conclusion: “Maryland has the most extreme racial disparities for those incarcerated for long terms in the United States. That should alarm Maryland leadership and its residents. These disparities are rooted in policing practices that target communities of color, a lack of investment and opportunity in historically disadvantaged neighborhoods, and an overly punitive sentencing,…
Advocates in Maryland created a series of short policy briefs to educate community members about pressing issues. You can see the others in this series here under “Sample Legislative Advocacy Briefs” on the Policy Page of the Racial Justice Toolkit.
From the abstract: “Homeless youth engaging in street survival behaviors are at higher risk of justice involvement. Advocates for reducing youth homelessness have called on the juvenile justice system and allied system partners to minimize the legal consequences of these behaviors and to improve systemic responses to identifying and reducing homelessness. The current study used…
This paper from the Executive Session on Community Corrections at the Harvard Kennedy School examines the history of youth incarceration and discusses how the inherently flawed model of youth prisons demands systemic reforms, including closure of youth prisons, to actualize safer communities, and positive youth outcomes. From the introduction: “For 170 years, since our first youth correctional institution opened, America’s approach…
Outlines recommendations to reduce the number of probation conditions, eliminate surveillance-based conditions, and simplify language on probation orders for youth.
From the Introduction: “The Supreme Court has repeatedly recognized that adolescents’ immaturity warrants special protections under the law. In a series of cases over the past decade, the Court has specifically referenced the legal relevance of adolescents’ reduced culpability, compromised legal decision making, and greater amenability to rehabilitation relative to adults. According to the Court,…
On September 18, 2015, the U.S. Department of Justice entered into a settlement agreement with the state of Mississippi about their probation and diversion practices. The settlement agreement includes provisions on protecting a youth’s right against self-incrimination, requiring probation orders to be written in simple terms to prevent arbitrary and discriminatory enforcement, and ensuring the…
A proposed settlement agreement between the United States and Lauderdale County in the State of Mississippi after an investigation of the substantive and procedural due process rights of youth who appear in Lauderdale County Youth Court. The Settle Agreement proposes several remedial measures the named parties must take including creating a probation process that complies…
From the introduction: “This report will describe, dissect, and draw lessons from Connecticut’s striking success in juvenile justice reform for other states and communities seeking similar progress. The first section details the timeline and dimensions of change in Connecticut’s juvenile justice system over the past two decades. In 1992, Connecticut routinely locked up hundreds of…
