Disproportionate Minority Confinement. John J. Wilson, Acting Administrator FACT SHEET # 11 April 1994 Disproportionate Minority Confinement by Mark Roscoe and Reggie Morton THE ISSUE National data and research have documented disproportionate representation of minorities in secure juvenile facilities across the country. Accordingly, States have been entrusted with the responsibility of examining race and ethnicity as factors influencing decisions at various points within the juvenile justice system (e.g., decisions to arrest, detain, commit to training school, etc.). Research under OJJDP's Causes and Correlates Program indicates that the type of community in which the juvenile lives has a stronger effect on his likelihood of becoming involved in delinquency than his racial characteristics. African-Americans living in nondisadvantaged areas did not have higher rates of delinquency than whites living in nondisadvantaged areas. African-American juveniles comprise a disproportionately higher percentage of juvenile arrests than other races: 27% in 1992. In particular, African-American juveniles accounted for 49% of the arrests for violent crimes. Data from the National Juvenile Court Data Archive indicate that African-American juveniles constitute a disproportionate proportion of the delinquency cases brought before the court. In 1990, African-Americans were involved in 31% of such cases. African-American and Hispanic youth are disproportionately represented in detention centers. In 1991, 43% of juveniles in detention centers were black, 35% were white, and 19% were Hispanic. In examining offenses with which detained youth were charged, blacks were most overrepresented among drug offenders (64%) and person offenders (49%). A youth securely detained prior to adjudication is more likely to be subsequently incarcerated. Indeed, preadjudication detention is one of the best predictors of commitment to a State juvenile corrections facility. In 1991, about 44% of the juveniles in public juvenile facilities were black. 18% were Hispanic. 34% were white. In training schools--the most restrictive environment--black juveniles comprised 47% of the population, whereas in private facilities--often less restrictive and crowded--black juveniles comprised 32% of the population, with white juveniles constituting 57%. The States' assessment of minority overrepresentation show higher rates of minority than white incarceration. In one State, it was estimated that 1 in 64 white males would be taken into State custody before his 18th birthday, compared to 1 in 13 African-American males. In every State studied, minority males had a higher probability rate of incarceration before age 18 than their white peers. THE RESPONSE To reduce disproportionate minority confinement, the community must work together to address the causes by enhancing prevention and diversion programs and expanding alternatives to secure detention and corrections--particularly in minority neighborhoods. Local initiatives to involve families, neighborhoods, and community-based agencies serving minority youths in this effort should be developed and implemented. Policies, legislation, and practices need to be reviewed and, as necessary, corrected, to ensure that race, ethnicity, and gender do not determine the decision to detain or incarcerate. Strategies to reduce the disproportionate confinement of minority juveniles include the use of risk and need assessment instruments, cultural competency training for law enforcement and other juvenile justice professionals, individualized home-based care, mentors, therapeutic foster care, community-based family-oriented services, reintegration services for juveniles placed outside the home, independent living, job training, and increased accessibility to treatment. THE LAW Section 223(a)(23) of the Juvenile Justice and Delinquency Prevention Act of 1974, as amended (Public Law 93-415), requires States to make efforts to reduce the proportion of minority juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups if such proportion exceeds the proportion such groups represent in the general population. Beginning with Fiscal Year 1994 funds, as a condition of full participation in the JJDP Act Formula Grants Program, States must determine whether disproportionate minority confinement exists, identify the causes, and develop and implement corrective action. States failing to address the overrepresentation of minority youth in confinement will be ineligible to receive 25% of their Formula Grant allocation for the year. PILOT SITES In 1988, the Coalition for Juvenile Justice (then the National Coalition of State Juvenile Justice Advisory Groups) focussed national attention on disproportionate minority confinement in their annual report to Congress, "A Delicate Balance". In that same year, the Office of Juvenile Justice and Delinquency Prevention commissioned the University of Wisconsin and Portland State University to review research literature and program models addressing this issue. Their report, "Minorities and the Juvenile Justice System", concluded there was substantial evidence that race plays a direct and indirect role in the outcome of many juvenile justice decisions. In 1991, OJJDP issued a Request for Proposals seeking the participation of States to analyze disproportionate minority confinement and develop model programs to address its causes. Arizona, Florida, Iowa, North Carolina and Oregon were selected. Over the past two years these sites have engaged in comprehensive efforts to collect data regarding the disproportionate rate of minorities in secure juvenile detention, to analyze the decision-making process at all steps in the juvenile justice system, and to formulate specific strategies and programs to address the problem. TECHNICAL ASSISTANCE To facilitate and assist the five States in these efforts, OJJDP contracted with Portland State University (PSU) and Community Research Associates (CRA) to provide training and technical assistance on all aspects of the mandate to States upon request. PSU and CRA are developing a planning manual to assist States in implementing the mandate. This publication will include sections on data collection and analysis, corrective action planning, program implementation, monitoring, and evaluation. CRA can provide additional information on innovative programs to address disproportionate minority confinement. EVALUATION OJJDP's evaluation contractor, Caliber Associates, is conducting a two-phased national evaluation on the impact and outcomes of States' efforts to address the disproportionate representation of minorities in secure confinement. Caliber will assist pilot States in designing and conducting evaluations of the planning and implementation of their intervention programs. Caliber will conduct impact/outcome evaluations on interventions where a significant impact can be projected and measured. The national evaluation will include intervention efforts in three nonpilot States in order to provide a broad overview of State efforts to reduce minority overrepresentation. ANTICIPATED OUTCOMES As John J. Wilson, Acting OJJDP Administrator, has stated, "The goal of this unprecedented, concerted effort to address the issue of disproportionate minority confinement should be greater objectivity in decision-making at each step in the juvenile justice system and the elimination of the unequal risk of confinement for minority youth." FOR FURTHER INFORMATION Technical assistance is available to assist States and communities in their efforts to address disproportionate minority confinement. For further information, contact: State Relations and Assistance Division Office of Juvenile Justice and Delinquency Prevention 633 Indiana Avenue, NW. Washington, D.C. 20531 (202) 307-5914 or (202) 307-5924 This Fact Sheet was co-authored by Mark Roscoe, State Representative, Western Region, OJJDP, and Reggie Morton, Community Research Associates. FS-9411