Justice by the numbers
IN A new report, the American Civil Liberties Union raises a red flag about the high rates of minority youth who are being detained before trial in Massachusetts. And while state officials are intent on tackling the issue, they lack important data. The Legislature should ensure that they have the numbers needed to identify patterns in which juvenile suspects are detained.
Fortunately, the number of juveniles detained by the Department of Youth Services has fallen from some 6,800 in 2002 to about 4,900 in 2007, in part because of falling crime rates. But minorities are still overrepresented. They make up some 20 percent of the state's 10- to 16-year-olds, but some 60 percent of those in detention.
The ACLU also found cases of children who were detained even though they weren't dangerous or likely to flee, or because there were no appropriate mental health placements available. This practice is risky because it exposes children to peers who are dangerous and to environments that can aggravate mental illnesses.
The statistical picture is incomplete. For example, the juvenile court reports on a defendant's gender, but not race or ZIP code. The Department of Youth Services tracks age, gender, race, and hometown, but not why children were detained. Without more detailed information, it is hard to draw conclusions about whether detention is equitable or could have been avoided.
Youth Services Commissioner Jane Tewksbury is using a grant from the Annie E. Casey Foundation to address the issue. DYS and law enforcement officials are analyzing existing state data to develop a risk assessment tool that judges can use to guide decisions about detaining juveniles. State officials looked at versions of the tool that are being used in Chicago and Virginia. Pilot tests in Massachusetts will probably begin in the fall. The grant is also being used to explore alternatives to detention, such as more substance abuse services for youth.
State Senator Cynthia Creem, a Newton Democrat, has filed a budget amendment that could yield new data and more insights. She asks the state's district attorneys, sheriffs, and courts, and the departments of public safety and human services, to study how best to collect more comprehensive data.
A bill filed by Representative Kay Khan, also a Newton Democrat, would assess the mental health needs of juveniles facing detention and would set up a committee of state officials that would work to fill gaps in care.
Armed with more facts on who is being detained for which reasons, the state could help more children and teenagers safely avoid unnecessary detention. 