Juvenile Justice Bill

(October 12, 1999 )

Issue:

Members of the House and Senate will be meeting in a conference committee in the next few weeks to work out the differences between the House and Senate juvenile justice bills. One major difference between the two bills is how each proposes to address the disproportionate number of minority children in the juvenile justice system. The provision regarding the disproportionate confinement of minority youth, a part of the House bill (H.R. 1501), is at stake during the conference bill process. It needs to be maintained so that the states can continue to address this on-going crisis in the juvenile justice system.

Disproportionate minority confinement (DMC) is not about racial quotas, affirmative action or the early release of juveniles. Rather, it highlights the fact that minority populations are disproportionately represented at every stage in the juvenile justice process and receive disparate treatment.

The DMC core requirement under current law addresses a very serious and very real problem. It is well documented that in nearly every state, minority youth are over-represented at every stage of the juvenile justice system, particularly in secure confinement. For example, a study in California showed that minority youth consistently received more severe punishments and were more likely to receive jail time than white youth who committed the same offenses.

Action:

Phone your Senators' and Representative's offices through the Capitol switchboard at 202/224-3121 or write:

Honorable ________
U.S. Senate
Washington, DC 20510

Honorable ________
U.S. House of Representatives
Washington, DC 20515

Let your Senators or Representative know that they should retain the DMC requirement within the current law by supporting House language.

Backgroud:

The Senate juvenile justice bill (S. 254) substantially revises the DMC core requirement of the Juvenile Justice Delinquency and Prevention Act of 1974 (JJDPA), which directs states to identify to what extent DMC exists in their states, to assess the reason that it exists, and to develop strategies to address the disproportionate number of minority children in confinement.

Although African-American youth between the ages of 10 and 17 years of age constitute only 15 percent of the U.S. population, they account for 26 percent of juvenile arrests, 32 percent of delinquency referrals to juvenile courts, 41 percent of juveniles detained in delinquency cases, 46 percent of juveniles in secure corrections facilities, and 52 percent of juveniles transferred to adult criminal court after judicial hearings.

A 1996 report found disproportionate confinement of Latino youth in secure detention facilities and in secure corrections institutions in a majority of the states. The states with the largest proportions of Latino youth in their adolescent populations --- New Mexico, California, Texas, and Arizona --- all reported disproportionate confinement of Latino youth in secure detention, or secure corrections, or both.

Removing the current law language, as proposed in the Senate bill (S. 254), would seriously undermine efforts already underway in the states to remedy the disparate treatment of minority youth. We urge you to support the states' efforts in addressing the disproportionate number of minority children within the juvenile justice system.

General Assembly Guidance:

As far back as 1972, the United Presbyterian Church (U.S.A.) affirmed that "alternative measures must be developed to give help and corrections to juveniles . . . when their problem behavior is such that would not be criminal if committed by an adult." In 1991, the General Assembly called on "the church and its members at all levels to advocate the development and implementation of public and private policies, built on a prevention/investment strategy aimed at meeting the needs of all children . . ." In its 1993 statement, the General Assembly stated that "we hope for a world where all children can find a safe place; where all ages, races, genders, creeds, and abilities are recognized, valued and celebrated . . ."

If you have any questions, please contact Elenora Giddings Ivory at (202) 543-1126