Most delinquency cases do not involve detention between referral to court and disposition

When is secure detention used?

A youth may be placed in a secure juvenile detention facility at various points during the processing of his or her case. Most delinquency cases, however, do not involve detention. Although detention practices vary from jurisdiction to jurisdiction, a general model of detention practices is useful.

When a case is referred to juvenile court, intake staff may decide to hold the youth in a detention facility while the case is being processed. In general, the youth will be detained if there is reason to believe he or she is a threat to the community, will be at risk if returned to the community, or may fail to appear at an upcoming hearing. The youth may also be detained for diagnostic evaluation purposes.

In all states, legislation requires that a detention hearing be held within a few days (generally within 24 hours). At that time, a judge reviews the decision to detain the youth and either orders the youth released or continues the detention.

National juvenile court statistics count the number of cases that involve detention during a calendar year. As a case is processed, the youth may be detained and released more than once between case referral and disposition. Juvenile court data do not count individual detentions, nor do they count the number of youth detained. In addition, although in a few states juveniles may be committed to a detention facility as part of a disposition order, the court data do not include such placements in the count of cases involving detention.

    Although the percentage of cases involving detention dropped from
    1989 to 1998, the number of cases involving detention increased
Two line graphs showing delinquency cases detained from 1989 to 1998 for each of the four offense categories. The first graph shows number of cases detained. The second graph shows percentage of cases detained.

  • Overall, youth were detained in 19% of delinquency cases handled in 1998.

  • The number of delinquency cases involving detention rose 25% from 1989 to 1998. Person offense cases had the largest relative increase in detained cases (63%).

  • Although there was a 6% decline in detained property cases between 1989 and 1998, they accounted for the largest volume of cases involving detention in every year.

  • In 1998, the percentage of cases that involved detention was lower for property offense cases (15%) than for the other general offense categories (22–23%).

  • For all four general offense categories, the probability of detention was lower in 1998 than in 1989. This was especially true for drug cases.
Source: Author’s adaptation of Puzzanchera et al.’s Juvenile Court Statistics 1998.

    White youth were least likely to be detained, but they accounted for the largest volume of delinquency cases involving detention
Two line graphs showing delinquency cases detained from 1989 to 1998 by race: black, white, and other races.  The first graph shows number of cases detained. The second graph shows percentage of cases detained.

  • The number of delinquency cases involving white youth who were detained rose 33% from 1989 to 1998. For black youth and youth of other races, the increases in the number of cases detained was smaller (15% and 19%, respectively).

  • Trends in the likelihood of detention followed similar patterns for all racial groups, although the proportion of cases involving detention remained lower for white youth than for black youth or youth of other races.
Note: Juveniles of Hispanic ethnicity can be of any race, but most are included in the
white racial category.

Source: Author’s adaptation of Puzzanchera et al.’s Juvenile Court Statistics 1998.

The detention caseload has changed

Property offense cases continue to account for the largest proportion of delinquency cases involving detention, but their share declined from 1989 to 1998. Person offense cases had an increase in their share of the detention caseload.

Offense profile of delinquency cases involving detention:

Offense 1989 1998

Delinquency   100%    100%
  Person 21 27
  Property 48 36
  Drugs 11 13
  Public order 21 24

Note: Detail may not total 100% because of rounding.

Relative to their share of the juvenile population, black youth were overrepresented in the detention caseload in 1998. Black youth made up 15% of the population but 35% of cases involving detention. Compared with the detention caseload in 1989, however, the extent of their overrepresentation has diminished somewhat. Youth of other races were not overrepresented in the detention caseload relative to their proportion in the population.

Racial profile of delinquency cases involving detention:

Race 1989 1998

All races    100%   100%
  White 57 61
  Black 39 35
  Other races  4  4

Note: Detail may not total 100% because of rounding. All racial groups include Hispanics.

Not only were black youth overrepresented among cases involving detention relative to their proportion of the juvenile population, they were also overrepresented relative to their proportion of the overall delinquency caseload. Although black juveniles made up 29% of all delinquency cases processed in 1998, they accounted for 35% of cases involving detention.

This overrepresentation was greatest for drug cases. Black youth were involved in 29% of all drug cases handled but in 44% of drug cases involving detention.

Percentage of cases that involved black juveniles, 1998:

Offense All cases Detained cases

Delinquency     29%      35%
  Person 35 38
  Property 26 34
  Drugs 29 44
  Public order 29 29

Juveniles age 15 or younger accounted for 53% of cases involving detention in 1998. Those age 12 or younger made up 5% of the detention caseload that year. The age profile for detained delinquency cases changed only slightly between 1989 and 1998.

Age profile of delinquency cases involving detention:

Age 1989 1998

All ages    100%   100%
  10 or younger    1    1
  11    1    1
  12   4   3
  13   9   9
  14 16 15
  15 24 24
  16 26 26
  17 or older 19 21

Note: Detail may not total 100% because of rounding.

Males were more likely than females to be detained

Overall, the youth was detained in 20% of delinquency cases involving males in 1998. In comparison, females were detained in 14% of their delinquency cases. Both males and females were least likely to be detained in property offense cases.

Percentage of delinquency cases involving detention, 1998:

Offense Male Female

Delinquency     20%      14%
  Person 24 18
  Property 16  9
  Drugs 23 19
  Public order 22 19

With the exception of drug cases, the use of detention for both males and females declined a few percentage points from 1989 to 1998. For males, the proportion of drug cases involving detention was 15 points higher in 1989 than in 1998; for females, it was 9 points higher.



Detention was used more frequently for older juveniles than for
younger juveniles in 1998


  Percentage of delinquency cases detained, by age at referral, 1998
 Offense 10 11 12 13 14 15 16 17

 Delinquency     7%      7%     12%     16%    18%     20%      21%     22%
  Person 7 10 17 18 21 25 25 28
  Property 6   6   9 13 15 16 17 17
  Drugs *   9 13 18 21 24 23 25
  Public order 11     9 13 19 22 23 23 23

 *Too few cases to obtain a reliable percentage.

 Source: Author’s adaptation of Puzzanchera et al.’s Juvenile Court Statistics 1998.


Previous Contents Next

Juveniles in Court OJJDP National Report Series Bulletin
June 2003