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January 8, 2004

State re-examining juvenile justice system

Jeremy Schwab

Robert Gittens, recently appointed head of Governor Mitt Romney’s Juvenile Justice Committee, has his hands full.

Juvenile justice advocates are looking to his committee to rectify what they say is lax enforcement of juvenile justice laws.

“If the Juvenile Justice Advisory Committee is well-led and does its homework, they are going to call into question current practices and demand new leadership from the Legislature and governor,” said Lisa Thurau-Gray of Suffolk University’s Juvenile Justice Center.

Gittens’ committee is allotted the task of monitoring the state’s compliance with the federal Juvenile Justice Delinquency Prevention Act. The act requires that states rectify disproportionate involvement of young people of color in the criminal justice system. It also mandates that states ensure separation between youth and adult prisoners, keep status offenders such as underage drinkers out of detention and remove juveniles detained with adults.

Gittens says reducing the number of minorities detained and caught up in the criminal justice system is a major focus of his committee.

“We want to maintain public safety,” said the former director of the Department of Youth Services. “There are cases where a judge should hold juveniles in detention. But if we had a certain number of community groups, we could set up an array of alternatives. We could do day reporting, or have state agencies and community organizations checking in on kids in their homes or foster care.”

Being detained before going to court can negatively impact youths psychologically, say some observers. The state may soon face a class action lawsuit alleging that the frequent body cavity searches of minors in pre-trial facilities is unnecessary and harmful.

“It is not clear to me at this point whether the [body search] issue we would take up, maybe because of the narrow scope of the issue,” said Gittens.

Until Romney established his JJAC, there was no effective advisory committee on juvenile justice. The JJAC under former Governor Jane Swift met roughly twice a year and only a handful of members attended meetings, say juvenile justice advocates.

“Community groups were unhappy with work not done,” said Emily Whiting, deputy director of juvenile and family programs for the Executive Office of Public Safety. “Secretary [of Public Safety] Ray Flynn wanted the new committee to more accurately reflect our community — racial diversity, age and programmatic diversity.”

Unlike the previous committee, the current one includes non-governmental juvenile justice advocates. The committee aims to meet quarterly, with eight subcommittees meeting every two months. In addition, the Romney administration has created a new full-time staff position to deal with juvenile justice issues.

“I am satisfied with the makeup of the committee,” said Lael Chester, executive director of Citizens for Juvenile Justice and a JJAC member. “It is not perfect but I think this is a very good group with tremendous potential.”

In addition to monitoring compliance with federal laws, the JJAC allocates federal juvenile justice program grants.

“I agree with the criticism [from activists] that the grants in the past have not been well-targeted to the needs of communities of color,” said Whiting. “I think it was a question of who applied. We are doing an internal review. The JJAC needs to provide technical assistance to agencies that could use help applying. Most organizations when they apply have a gameplan but don’t articulate it.”

This past summer, the federal government warned the state that it could lose funding for juvenile justice programs if it did not do a better job of enforcing sight and sound separation of juvenile and adult prisoners.

“We will be visiting facilities and working with different administrators to help them get in compliance,” said Whiting. “For instance, in Dudley, adults could be sent to Uxbridge on juvenile court days. In Leominster and Quincy, we are going to build juvenile facilities. In Dorchester and Chelsea, we are going to work to identify doors that need soundproofing.”


Besides monitoring compliance with federal law and issuing grants, Gittens wants his committee to look at quality of life issues that impact young people.

“I think more work needs to be done across systems — social services, community organizations, schools to identify kids with mental health problems at an early age,” he said. “Hopefully we can help them before they enter the juvenile justice system. We also need to look at the dramatic increase in the number of girls coming into the juvenile justice system. For those in the system, we need to look at, do we have services, gender-specific counseling.”

 

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