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1 Reducing recidivism rates in juvenile offenders Amy DiToto Department of Social Work, Walden University SOCW 6351: Social policy, welfare, and change Dr. Vanessa Robinson-Dooley November 5, 2023
2 Reducing recidivism rates in juvenile offenders The social problem/issue Juvenile recidivism, or the act of committing a criminal offense after already having faced legal consequences, is a problem that can be prevented with effective reformation programs that treat the root cause. The Office of Juvenile Justice and Delinquency prevention (2020) stated that approximately fifty-five percent of juvenile offenders are arrested again within one year and up to eighty percent within three years of release from a juvenile detention program. Some causes of juvenile recidivism include exacerbation of mental health conditions, a criminal record preventing a person from employment, and meeting other criminals while in jail which can influence them (Schueneman, 2021). Moreover, Seiter (2017) explained that juveniles in detention have often experienced adverse childhood experiences (ACEs) with 97 percent of surveyed youth in detention programs experienced at least one ACE while juveniles surveyed in detention programs had at least one adverse childhood experience while 75 percent were exposed to three of more ACEs. Based on this data, youth offenders are likely to have experienced trauma necessitating the treatment of trauma to improve functioning in the present and future. Furthermore, the Office of Juvenile Justice and Delinquency Prevention (2020) also stated that approximately 70 percent of juvenile offenders have a diagnosable mental health condition, and within that group, 60 percent have a substance abuse issue. Despite this knowledge, juveniles in detention facilities are not receiving the mental health treatment needed. Less than 20 percent of juveniles who have an active diagnosis receive treatment, and those who need it, are not screened effectively or offered appropriate treatment (Seiter, 2017). Moreover, Zeola et al. (2017) explained that racial disparities exist in terms of recidivism with Black juvenile offenders reoffending sooner than their White peers when mental health services are not
3 offered. When youth offenders were offered mental health services, however, the racial disparity disappears and recidivism decreases. As such, juvenile offenders, families, and communities would benefit from mandated mental health services for juvenile offenders. Historical context of juvenile offender programs Juvenile offender programs have a long history dating back to the late 18 th and early 19 th centuries. The Center on Juvenile and Criminal Justice (n.d.) explained that youth and children as young at seven years old were often incarcerated with adults or the mentally ill for criminal and non-criminal acts until the House of Refuge was created to allow for children with the potential for delinquency to be housed and became the basis for juvenile detention centers. The centers, however, faced similar challenges to adult prisons which included overcrowding, abuse of juvenile offenders, and deteriorating conditions, but nothing was done to address the issues of the believed delinquency (Center on Juvenile and Criminal Justice, n.d.). As such, in the 1920s, reformers advocated for changes to juvenile housing programs that included education and job training in an attempt to reform children (Center on Juvenile and Criminal Justice, n.d.). Similarly, at this time it was believed that children and adolescents were in a unique period where they were not fully developed, where they were more malleable, and held less blame which resulted in every state which created the Juvenile Justice system (Juvenile Law Center, n.d.). The early juvenile justice system was not without its faults and did not address the root causes of issues or protect children in detention. Children were often without the same protections as adult offenders. It was not until 1967 that it was ruled juvenile offenders must be afforded the same rights to due process, representation, proof of guilt beyond a reasonable doubt, and the right against double jeopardy which are the same rights adult offenders have in the
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4 constitution (Juvenile Law Center, n.d.). Despite this; however, in the 1980s and 1990s, “tough on crime” policies were enacted which often deprived juveniles of these rights and found ways to try them as adults and giving juvenile offenders extreme sentences such as life in prison without parole and death (Juvenile Law Center, n.d.). In doing so, offenders were treated in the same way as children in the late 18 th century wherein they receive punishments inappropriate for their developmental stage without addressing the cause of delinquency or recidivism. Contemporary views Many states continue to have these harsh laws and penalties on record, but there has been a push in recent years for changes to juvenile detention and punishment. Today, the push is for all juvenile offenders to be tried in juvenile courts and incarcerated in juvenile detention programs where all offenders are aged 21 and under (Juvenile Law Center, n.d.). Moreover, there has been a return to believing that youth are malleable and capable of change. As such, Juvenile Justice includes diversion programs and probation meant to reduce recidivism rates for juvenile offenders by addressing the reasons juveniles offend and reoffend. Some of these programs, like AMIKids, were created as an all-encompassing program to rehabilitate juvenile offenders wherein juvenile offenders ordered to the program will live there, provide education, vocational training, mental health treatment, and mentorship (AMIkids, n.d.). Policy to reduce juvenile recidivism According to the Office of Juvenile Justice and Delinquency Prevention (2021), Pennsylvania has the lowest juvenile recidivism rate in the United States. The Commonwealth of Pennsylvania has many policies in place to address juvenile delinquency including policies related to mental health of juvenile offenders. One such policy is a federal policy, Section 101 of the Second Chance Act which aims to improve reentry and reduce recidivism rates for
5 incarcerated youth being released (Office of Juvenile Justice and Delinquency Prevention, 2016). The policy provides grants to states through the Department of Justice for programs to align juvenile justice policies, practice, and resources using evidence-based practice. As such, the Commonwealth of Pennsylvania (2006) juvenile justice programs provide access to appropriate treatment for identified juvenile offenders in the least restrictive environment while also maintaining the public’s safety. Moreover, the policy states that early screenings and interventions for juvenile offenders, parental consent for treatment for juvenile offenders up to age 18 and attempting treatment and diversion programs for juvenile offenders in need of mental health services are to be provided. In addition, programs funded via the policy also offer vocational training, enhance juvenile employment, engage families in the reintegration process, and provide aftercare services to youth who have reentered society (Office of Juvenile Justice and Delinquency Prevention, 2016). The population served and qualifications for inclusion The intended population for Section 101 of the Second Chance Act is juvenile offenders; however, it also serves families and communities. According to Pennsylvania statutes, an offender is considered a juvenile when between the ages of ten and eighteen but can be supervised via juvenile justice programs until age 21 for crimes committed prior to turning 18 years old (Pennsylvania General Assembly, n.d.). To qualify for services, a juvenile offender must have been incarcerated for crimes committed prior to 18 years old and be eligible for release (Office of Juvenile Justice and Delinquency Prevention, 2016). Incarcerated juvenile offenders are offered the services needed to integrate effectively into society with a lowered risk of re-offending by meeting their individual needs such as mental health, employment skills, vocational training, and re-entry support. Furthermore, family needs are met if they are
6 considered to contribute to juvenile delinquency (Office of Juvenile Justice and Delinquency Prevention, 2021). For example, if a juvenile is delinquent due to theft, but they are stealing to provide food for the family, then recidivism reduction programs would help the family obtain food and other resources to become self-sufficient to prevent the juvenile from re-offending. Programs because of the Second Chance Act Many programs and organizations have been created or expanded because of grants offered through the Second Chance Act. The Office of Juvenile Justice and Delinquency Prevention (2023) noted that in 2023, 16 awards were granted to multiple programs some of which included AMIkids family centric model expansion, Black Family Development Youth Reentry Program, Bolstering Louisiana’s Juvenile Reentry, Community-based Re-entry Services for Louisiana Youth, Project SOAR (Student Access Opportunity & Readiness), and Voices of Our Sisters Youth Reentry. AMIkids is a successful program that has been working to reduce recidivism and help juvenile offenders for over 50 years. AMIkids continues to use evidence-based interventions to foster an atmosphere of success and change for juvenile offenders (AMIkids, n.d.). Currently, AMIkids uses a Personal Growth Model to incentivize youth to make positive choices, and they are recognized by the Substance Abuse Mental Health Services Administrations (SAMHSA) for use of the model, improvement of academic achievement for at-risk students, and reduction of delinquent behavior (AMIkids, n.d.). Moreover, having worked for the agency as an educator, I was able to see how the needs of the youth were met by providing them with individual and group therapy, vocational training, new ways of thinking, and helping them earn credits to help students be on grade level.
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7 In practice Social workers play an important part in the success of AMIkids and reducing juvenile recidivism. As mentioned previously, many juvenile offenders have experienced trauma in the form of ACEs and a high percentage also have a diagnosable mental health condition. Due to this, social workers are able to work as counselors with program youth to teach them healthier coping mechanisms and to address any mental health needs. Furthermore, the program also employs social workers as caseworkers who monitor program progress and create the aftercare discharge plans. The caseworkers will continue to monitor progress upon juvenile reentry for a period of six months. Lastly, social workers at AMIkids also work with the families to ensure a smooth re-entry into the home and society as re-entry can be challenging for youth and their families. While the policy is well intentioned, it does not always work as intended. Seiter (2017) noted that challenges occur when there are not enough service providers to effectively meet the needs of juvenile offenders. Additionally, if parental consent is needed for youth to receive services, the parent may refuse services for cultural or personal reasons (Chaundry & Chen, 2019). Moreover, states struggle to reduce recidivism rates as reentry poses many challenges, especially for youth who do not have support at home, in the community, in school, or among their peers (The Council of State Governments Justice Center, 2020). It is difficult to determine success as The Council of State Governments Justice Center (2020) explained states do not all track recidivism rates making it difficult to gauge; however, the Office of Juvenile Justice and Delinquency Prevention (2020) did note successful reductions in juvenile recidivism rates. Likewise, Puzzanchera (2020) noted significant declines in juvenile arrests and re-arrests
8 including a 50 percent decrease in violent crimes and a 73 percent decrease in property crime. This indicates that the Second Chance Act may be successful in reducing juvenile recidivism. Social change The National Association of Social Workers (2022) defines social justice at the belief that everyone deserves equal economic, political, and social rights while also having equal opportunities. Section 101 of the Second Chance Act attempts to do just that. First, juvenile justice reformation required that juvenile offenders should have the same rights as adult offenders which included the rights to due process, representation, double jeopardy protections, and guilt beyond a reasonable doubt. When tough on crime laws were enacted, social workers and other reformers advocated for the need for change to protect juvenile offenders from harsh, lifelong or death sentences. The Second Chance Act provided an avenue for juvenile offenders to reenter society with an education, vocational training, support, and skills to avoid re-offending. Moreover, the opportunities afforded to juvenile offenders provides them with equal access to education as their peers which can lead to economic equality. Similarly, youth offenders are provided with equal opportunities upon release due to many crimes being sealed or expunged due to juvenile records often being sealed.
9 References AMIkids. (n.d.). About AMIkids: Our story. AMIKids . https://amikids.org/about-ami-kids/ Center on Juvenile and Criminal Justice. (n.d.). Juvenile Justice history . https://www.cjcj.org/history-education/juvenile-justice-history#:~:text=In%20the%20late %2018%20th,overcrowded%20and%20decrepit%20penal%20institutions. Commonwealth of Pennsylvania. (2006). Mental health/Juvenile justice joint policy statement. In Pennsylvania Commission on Crime and Delinquency . Council of State Governments Justice Center. (2020). The Second Chance Act: Juvenile Reentry fact sheet. In CSG Justice Center . https://csgjusticecenter.org/publications/fact-sheet-the- second-chance-act-juvenile-reentry/ Juvenile Law Center. (n.d.). Youth in the justice system: An overview. Juvenile Law Center . https://jlc.org/youth-justice-system-overview National Association of Social Workers. (2022). Code of Ethics: English . NASW. https://www.socialworkers.org/About/Ethics/Code-of-Ethics/Code-of-Ethics-English Office of Juvenile Justice and Delinquency Prevention. (2016). Improving outcomes and reducing recidivism in Pennsylvania’s juvenile Justice system. In Department of Justice . https://ojjdp.ojp.gov/funding/awards/2016-cz-bx-0001 Office of Juvenile Justice and Delinquency Prevention. (2020, November). Research central: Measuring what works in juvenile reentry . OJJDP News at a Glance. https://ojjdp.ojp.gov/newsletter/ojjdp-news-glance-novemberdecember-2020/research- central-measuring-what-works-juvenile-reentry
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10 Office of Juvenile Justice and Delinquency Prevention. (2023). OJJDP FY 2023 Second Chance Act Youth Reentry Program. In United States Department of Justice . Office of Justice Programs. https://ojjdp.ojp.gov/funding/opportunities/o-ojjdp-2023-171707 Pennsylvania General Assembly. (n.d.). Title 42 chapter 63: Juvenile matters . The Official Website for the Pennsylvania General Assembly. https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm? txtType=HTM&ttl=42&div=0&chpt=63 Puzzanchera, C. (2020). The decline in arrests of juveniles continued through 2019. In United States Department of Justice (No. 255917). Office of Justice Programs. https://www.ojp.gov/library/publications/decline-arrests-juveniles-continued-through- 2019 Schueneman, T. (2021). What are juvenile recidivism rates and how can they be reduced? Point Park University Online . https://online.pointpark.edu/criminal-justice/juvenile-recidivism/ Seiter, L. (2017). Mental health and juvenile justice: A review of prevalence, promising practices, and areas for improvement. Washington, DC: National Technical Assistance Center for the Education of Neglected or Delinquent Children and Youth. Zeola, M. P., Guina, J., & Nahhas, R. W. (2017). Mental health referrals reduce recidivism in First-Time juvenile offenders, but how do we determine who is referred? Psychiatric Quarterly , 88 (1), 167–183. https://doi.org/10.1007/s11126-016-9445-z