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Dana Swayze, MSW Juvenile Justice Analyst Minnesota Department of Public Safety Office of Justice Programs Presentation at the 2015 DPS/OJP Crime Victim Services Conference Juvenile Justice in Minnesota: Looking Back to Look Ahead

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Agenda A brief history of juvenile justice in the United States and changing perceptions about youth offenders Present Minnesotas juvenile justice system terminology and major decision points Illustrate Minnesotas juvenile justice system volume over the past 30 years and summarize characteristics of youth offenders Present findings from 2013 Minnesota Student Survey taken by youth in correctional facilities related to trauma or adverse childhood experiences (ACEs) Components of a trauma-informed justice system

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Looking Back

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History of Juvenile Justice Pre-1900: Youth crime was addressed by the adult criminal justice system. English Common Law supported youth as young as 7 being held criminally accountable for behavior and receiving the same sanctions as adults including incarceration Minnesotas first set of statutes for Delinquent Children was created in 1909 and included: Incorrigible, idle, absent from home; those associating with thieves and other immoral persons; frequenting saloons, pool rooms and houses of ill-fame; wandering the train yards or streets; and using vile or obscene language. 1899: First juvenile court established in Chicago, IL 1905: First juvenile courts established in Minnesota for youth under 17. Youth 7 to 12 presumed incapable of committing crime. Youth over age 12 were presumed criminally liable. 1925: Juvenile courts in almost every state

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1900s-1920s: Urbanization and Industrialization Progressive Era: Period of social and moral reform with heightened protections for children Advocates pushed for dependent, neglected, and delinquent children to be handled separately from adults MN State Reform School Redwing c. 1909. (Established 1890). Court proceedings were to be non-adversarial; mirror civil processes rather than criminal State was to fill the benevolent role of the parentParens Patriea Do what is in the best interest of the child Focus on rehabilitation rather than punishment 1918: MN raises juvenile court jurisdiction to youth under age 18.

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Through the 1940s Time of institutionalization: Houses of refuge State schools Orphanages Health asylums Indian boarding schools Foster care and adoption were the equivalent of free labor Emerging Issue: Juvenile justice system lacked procedural safeguards which were constitutionally afforded to adults Children could be removed from their homes and placed in institutions indefinitely Pipestone Indian Boarding School. 1892-1953 St. Joes German Catholic Orphanage Home: 1929

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1950s-1960s Movement towards family preservation and institutionalization as a last resort In re Gault (1967): Gault (age 15) was court ordered to the Arizona State Industrial School until age 21 for making an obscene call to a neighbor while on probation. Supreme Court established juveniles right to: 1.Notice of the charges against them 2.A right to legal counsel 3.The right against self-incrimination 4.The right to confront and cross-examine witnesses 1959: MN changes purpose of laws for dependent and delinquent youth to remove from the custody of parents only when his welfare or protection of the public cannot otherwise be safeguarded. Serve the spiritual, emotional and mental and physical welfare Custody, care, guidance and discipline equivalent to that which should have been given by parents 1963: MN Minimum age criminal responsibility raised to 14 1960s: Issues of the juvenile system work their way up to Supreme Court

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1970s Stagflation (rising inflation and falling employment) & recession; blighted communities (ie. NY, LA, Chicago) Racial and ethnic inner-city gangs in conflict with one another and police. Very territorial but not without social and political purpose Post-civil rights/Vietnam era. Energy Crisis High levels of drug use in general population Crime rises rapidly through the 1970s 1974: Federal Juvenile Justice and Delinquency Prevention Act (JJDPA). $ to states to reduce instances of youth being held in adult jails/lockups and having contact with adult inmates Legal protections continue to be decided for juveniles by Supreme Court: In re Winship (1970): State must prove a case against a juvenile beyond a reasonable doubt rather preponderance of the evidence McKiever (1971): No trial by jury for juveniles Breed v. Jones (1975): Juveniles are protected against double jeopardy

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1980s Violent crime continues rising Crack cocaine epidemic (gang markets) Gun proliferation Incarceration of adults contributes to more youth drawn into more violent criminal roles? Rehabilitative focus of the JJ system shifts to a punitive approach 1980: MN changes purpose of juvenile laws to: Promote public safety; reduce juvenile delinquency by maintaining the integrity of the substantive law prohibiting certain behavior; developing individual responsibility for lawful behavior. Supreme Court focuses on Death Penalty: Eddings v. Oklahoma (1982); Thompson v. Oklahoma (1988); Stanford v. Kentucky (1989). Age can be a mitigating factor; 15 is too young; 16 is not too young for death penalty

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1990s Juvenile crime continues to rise. Violent crime committed by juveniles peaks in US and MN in 1994 Nationally, habitual offender laws with automatic consequences become popular: Three Strikes laws; Zero Tolerance Most states enact laws making it easier to try juveniles as adults. MN enacts a blended sentencing law (EJJ) in 1994 Scared straight programs; shock incarceration; and military-style boots camps are popular interventions. Facility expansion Feds dedicate billions of dollars annually in grants to law enforcement and juvenile justice system 1995: A Princeton professor creates, the term Super- predator to describe a new breed of youth who are radically impulsive; brutally remorseless; fatherless, Godless, and jobless. High profile events: Jonesboro (1998) & Columbine (1999) school shootings

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2000s-2010s Significant declines in juvenile crime. Movement toward: Restorative justice Evidence-based practices & model programs Gender and culturally specific programming Alternatives to detention Strength-based case management Risk-assessment instruments Adolescent development and trauma-informed care Mental illness, addiction and co- occurring disorders Increased collaboration/training across youth serving systems Still more Supreme Court Cases: Roper (2005): Death penalty for juveniles is abolished Graham (2010): LWOP is cruel and usual punishment for youth who committed non-homicide offenses Miller (2012): Automatic LWOP for any crime committed as a juvenile is unconstitutional

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Juvenile Justice Pendulum State/Local Issue ($) Law Enf./Corrections Definition of a Child Sanction Personal Accountability Incarceration Institutionalization Rights Risk-Focus Punitive Universal Interventions Offenders Physical Development Behaviors Best Interest of Public Federal Issue ($) Social Welfare/Pub. Health Definition of an Adult Restoration Mental Health/CD/Trauma Community Supervision Family Preservation Responsibilities Strength-Focus (re) Habilitative Culture/Gender Specific Victims Cognitive Development Thoughts & Values Best Interest of the Child BALANCE

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Minnesotas Juvenile Justice System

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States Determine Jurisdiction Age MN Jurisdiction= Youth Ages 10 to 17 Minimum age of jurisdiction: 7 states lower than age 10: AZ, WA (age 8); CT, MD, MA, NY (age 7); NC (age 6) 33 states have no minimum age of jurisdiction established in statute 0 states higher than age 10 Max age jurisdiction: 10 states lower than age 17: GA, IL, LA, MI, NH, SC, TX, WI (age 16); NY, NC (age 15) 0 states higher than age 17

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Juvenile Offense Types Children in Need of Protection or Services (CHIPS): Abuse, neglect, dependency, delinquent acts under the age of 10, habitual truancy and runaway. Juvenile Petty Offenses: 1. Unlawful Because of Status as a Minor: Status Offenses Curfew, tobacco, gambling, poss. fireworks and other age-based ordinances. 2. Juvenile Alcohol or Controlled Substance Offender: Minor possession, consumption alcohol Possession of a small amount of marijuana 3. Misdemeanor-Level Juvenile Petty Offenses: These are acts that would also be illegal for adults. In statute, prosecutors may reduce them to a petty offense. Examples include disorderly conduct, low-level theft or property damage, trespassing, fighting/brawling, false info. to police, etc. Statute allows misdemeanors committed by juveniles to be reduced to petty misdemeanors two times. (3 strikes!)

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Juvenile Offense Types & Terms Delinquency Offenses: Acts which are also illegal for adults. 1. Misdemeanors 2. Gross Misdemeanors 3. Felonies When a youth is found guilty (or pleads guilty) to a M,G,F, they can be Adjudicated Delinquent (Conviction). Judges then have a host of Dispositions (Sentences) they can impose such as community service, fines, apology letters, treatment participation, assessments, probation and out-of-home placements. Adjudications are a part of a youths criminal record. Continuance for Dismissal (No finding of guilt) and a Stay of Adjudication (finding of guilt) are tools to give youth an opportunity to keep an offense off their record by remaining law-abiding and completing court conditions (usually 6 months to 1 year). Carry different maximum penalties in terms of fines and incarceration. There are no sentencing guidelines for juveniles.

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Other Terms Juvenile Court and Juvenile Probation jurisdictions typically end at age 18. Jurisdiction does go up until age 19 if needed to complete court conditions or if youth commit an offense when they are close to age 18. Adult Certification where youth are tried as an adult. Must have been at least 14 at the time of the offense and commit a felony. If Certified, youths case is heard in adult court with adult sanctions imposed. Blended Sentencing called Extended Jurisdiction Juvenile (EJJ). Must have been at least 14 at the time of offense and commit a felony. Youth who are EJJed remain on juvenile probation until age 21. New offenses or probation violations (PVs) can lead to Revocation and the imposition of a pre- determined adult prison sentence.

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MNs JJ System Volume and Offender Characteristics

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Murder/Manslaughter; Rape; Aggravated Assault; Robbery

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Burglary, Larceny (Theft), Motor Vehicle Theft, Arson

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All other offenses except Curfew/Loitering and Runaway Driven by arrests for disorderly conduct (12,104), liquor laws (11,528) and other offenses (12,166). PART 2 offenses include: Non-aggravated Assault; vandalism; stolen property; weapons; other sex offenses; narcotics; DUI; Liquor laws; disorderly conduct; forgery & fraud

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The only offense for which girls are arrested in greater numbers than boys is runaway. Boys and girls tend to be arrested for the same top offense categories: Theft, disorderly conduct, liquor laws, other, curfew, non-aggravated assault.

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Disproportionate Minority Contact (DMC): Overrepresentation of youth of color in the system at different justice system decision points relative to their representation in the overall youth population. Minnesota has significant issues with racial disparities.

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Why the Decline in Juvenile Crime? Strong economy of the mid-1990s to mid-2000s (high GDP, low interest rates, low inflation rates) Fewer people unemployed, rising value of wages in 2000s, fewer people in poverty across racial groups Decline in the popularity of crack cocaine Major federal investment in law enforcement capacity and in for youth programs and interventions Incarceration incapacitation of serious/chronic criminals Increased school retention and graduation rates Youth programs for summer and out-of school time Public health and social services initiatives and interventions More appropriate/effective juvenile justice system responses For more information: 2014 OJP Reports: Back to the Future: 30 Years of Minnesota Juvenile Justice Data (Vol. 1) & Policy and Procedure (Vol. 2)

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Youth involvement in crime is at low levels not see since the 1980s: Is it a lull or a permanent change? How do we define a successful or functional juvenile justice system? Policy/practice/outcomes How can we reduce crime levels further? Who is currently in the system? What are their needs? How are we or arent we meeting their needs? What resources are at our disposal and what more do we need? Looking Ahead

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Trauma Trauma is an event or situation that overwhelms a childs ability to cope (NCTSN) Generally, a traumatic experience threatens someones life, safety or well-being and results in intense feelings of fear, terror, helplessness and hopelessness Trauma can be classified as Acute: Single or time-limited event or exposure Chronic: Repeated exposure over an extended time Varied: Exposure to multiple different types of trauma Complex: Describes multiple or prolonged exposure & the effect it has on a childs development. Often begins early in life and in the context of a childs primary care system

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Types of Trauma Physical abuse/assault Emotional abuse or psychological maltreatment Sexual abuse/assault Neglect Food, shelter, clothing Medical neglect Educational neglect Witness to domestic violence Serious accident or illness Traumatic Grief/Separation Unexpected/premature death Divorce/separation Parental incarceration Victim of/or witness to community violence Witness to extreme acts Homicide Suicide School violence including bullying Natural or manmade disasters War/terrorism/political violence Forced displacement System-induced trauma Traumatic removal from home Separation of siblings Multiple placements in short time

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Adverse Childhood Experiences (ACEs) ACEs are traumatic experiences experienced as a child and reported later as an adult (18+) First ACEs study was in the mid-late 1990s and included over 17,000 adults The study looked for the prevalence of 10 ACEs and gave participants and ACE score based on how many types occurred in their childhood Goal was to look for a link between current health and wellness, and past trauma exposure Higher ACE scores are connected to diseases of the heart, liver, lung and autoimmune system; cancers; STDs and early pregnancy; asthma, obesity & diabetes; depression & suicide attempts; tobacco, alcohol and illicit drug use

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Effects of Trauma on Children Negatively affect brain growth, CNS development, and hormone regulation More stress hormones in blood (ie. cortisol) that stresses other biological systems. Heightened state of arousal Cognitive impairment, developmental delay; lowered IQ; learning difficulties Anxiety, depression, low self- esteem; emotional dysregulation Social/BehavioralPhysical/Emotional Recreation of trauma in play; bad dreams; revert to younger aged behavior (clingy, thumb sucking) Risk taking; truancy; chemical abuse; sexual risk taking; delinquency; at risk of re- victimization Anger and hostility toward others; distrust of adults; defiance Inability to correctly assess or respond to danger; increased risk of re-victimization

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Relevance to Juvenile Justice System Studies consistently show that youth in the justice system are more likely to have histories of trauma (up to 90%) and PTSD (up to 30%) than the overall youth population Trauma affects physical, cognitive, emotional and chemical health, as well as interpersonal relationships Responses to trauma can manifest as anti-social and delinquent behavior. Fighting or dysregulation, chemical use, avoidant behaviors Trauma responses are an adaptive (and at times effective) coping mechanism for youth. System practitioners need to understand how the maladapative or dysfunctional thoughts and behaviors have been helpful to the child

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2015 OJP Report Youth in Minnesota Correctional Facilities and Adverse Childhood Experiences: Responses to the 2013 Minnesota Student Survey Study Goals: What is the prevalence of trauma/adverse childhood experiences among youth in correctional facilities? How do their experiences with ACEs compare to those of their peers and also adults? What is the effect of ACEs on other areas of life? How can the juvenile justice system be responsive to youths trauma histories?

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Report Methodology 22 out of 28 eligible juvenile correctional facilities participated in the survey Compares the responses of youth in correctional facilities (n=389) to the 2013 Minnesota Student Survey (MSS) those of a matched sample of youth in mainstream schools Matched mainstream student sample reflect the same age, race/ethnicity and gender as those in the facilities. Reduces the likelihood that differences in responses are attributable to differences in age, race or gender Youth in JCFs are 76% male and 66% youth of color vs. mainstream students who are 50% male and 26% youth of color

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ACE 1: Parent in jail or prison now or in past

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Youth in correctional facilities are more likely to report trauma than mainstream youth Youth in correctional facilities report more varied types of trauma than mainstream youth. (In both student populations, girls report higher ACE scores than boys).

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Bar Graph = Corrections Population Line Graph = Matched Mainstream Youth Population Effect of Trauma on Other Areas of Life

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Key Concepts Trauma is more prevalent among youth involved in the juvenile justice system in MN compared to a matched sample of peers Youth in correctional facilities report more negative consequences associated with trauma Youth in correctional facilities are often both offenders and victims Even among the mainstream student population, higher ACEs scores are associated with more problems and consequences for youth (trauma is universally harmful)

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Youth Victims as Offenders Adolescents are the age group most likely to both experience and witness violence Victims of violence are at increased risk to perpetrate violence, and report greatest involvement in criminal activity Most victims, however, do not become perpetrators Studies suggest maltreated children (physical, sexual, neglect) are 50% more likely to be arrested as a juvenile and 28% more likely to be arrested as an adult World Health Organization and U.N. Secretary-General focus on a public health response for maltreatment of children worldwide to interrupt cycles of violence and criminality (they cite the U.S. ACEs study!) U.S. CDC also approaches child maltreatment and interpersonal violence as a public health issue

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A Trauma Informed Justice System Trauma histories should be presumed; all policies and practices acknowledge the prevalence and effects of trauma on youth. Mindset shifts from one of What is wrong with you? to What has happened to you? Youth with trauma may not trust that adults will care for or protect them: System practitioners at all levels trained in trauma Trauma responsive environment. The JJ system itself can re- traumatize! Arrest; incarceration or placement; court; body and property searches; changing/disrobing; shared rooms; physical restraints; isolation; separation from family; potential victimization from peers/staff These can trigger traumatic recollection or exacerbate underlying mental health issues

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A Trauma Informed Justice System Uses trauma screening and assessment Use of evidence-based practices such as Trauma-informed CBT: Emotion identification and regulation; trigger identification; identify and replace maladaptive thoughts/behaviors; social and interpersonal skill development Safe spaces to address trauma (physical, emotional, staffing practices/ratios) Family partnerships and trauma education; family healing (MST) Cross-collaboration with MH, CD, & social service providers to meet youths complex needs

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dana.hurley.swayze@state.mn.us Thank you