Data Snapshot of Youth Incarceration in New Jersey

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JUSTICE POLICY CENTER Data Snapshot of Youth Incarceration in New Jersey Elizabeth Pelletier and Samantha Harvell June 2017 In New Jersey, youth are incarcerated in three secure care facilities operated by the state s Juvenile Justice Commission (JJC). The JJC also operates 11 residential community homes where youth are housed in a less restrictive environment. 1 The youth incarceration rate in New Jersey has declined significantly in recent years. Between 2011 and 2017, the number of youth committed to secure care facilities dropped 50 percent. As of February 2017, 274 youth were incarcerated in state secure facilities (JJC, 2017). While youth incarceration has declined in New Jersey, the state has the third-highest Black-White commitment disparity rate in the country. 2 In 2013, Black youth in New Jersey were 26 times as likely to be incarcerated as White youth. New Jersey is notable for its efforts to reduce pretrial detention of youth through the Juvenile Detention Alternatives Initiative (Mendel 2014). Youth Incarceration Down 50 Percent since 2011 The number of youth committed to state facilities has steadily declined over the past several years, dropping 50 percent between 2011 and 2017 (figure 1). As of February 2017, 274 youth were committed to secure care facilities in New Jersey (JJC 2017).

FIGURE 1 Number of Youth in Secure Care Facilities, 2011 17 546 274 2011 2012 2013 2014 2015 2016 2017 Most Youth in New Jersey Are Incarcerated for Nonviolent Offenses In New Jersey, most youth are incarcerated for persons offenses, followed by violations of probation (figure 2). Note, however, that publicly available data on these offense categories lack detail; the broad groupings published by the JJC mask important information about the wide range of crimes categorized under persons or property offenses. FIGURE 2 Number of Offenses among Incarcerated Youth 436 313 276 190 171 111 21 Persons VOP Property Public Order Weapons Drug Other Offenses Note: VOP = violations of parole. 2 DATA SNAPSHOT OF YOUTH INCARCERATION IN NEW JERSEY

New Jersey Disproportionately Incarcerates Black Youth The majority of justice-involved youth in New Jersey are Black (figure 3). Black youth make up 73 percent of those committed to secure juvenile facilities (JJC 2017) but only 14 percent of the youth population in the state. 3 Across multiple metrics, racial and ethnic disparities in the state s juvenile justice system are well above the national average. New Jersey has the third-highest Black-White commitment disparity in the country. In 2013, 4 compared with White youth, Black youth in New Jersey were 29.2 times as likely to be detained, 5 24.2 times as likely to be committed, 6 and 26.2 times as likely to be incarcerated out of home. 7 FIGURE 3 Number of Justice-Involved Youth by Race 200 Black Latino White Asian Other 124 59 15 37 38 29 10 0 0 5 1 1 0 2 Committed Probation Aftercare Most committed youth are between 17 and 19 years old (figure 4); youth on probation tend to be slightly younger, and youth in aftercare tend to be older (JJC 2017). The vast majority of justice-involved youth in New Jersey are male (figure 5), and approximately 42 percent of committed youth and 41 percent of youth on probation receive special education services (figure 6; JJC 2017). DATA SNAPSHOT OF YOUTH INCARCERATION IN NEW JERSEY 3

FIGURE 4 Number of Justice-Involved Youth by Age Committed Probation Aftercare 100 78 2 0 60 31 8 10 14 17 0 0 2 17 12 49 46 36 38 1 0 14 15 16 17 18 19 >19 FIGURE 5 Number of Justice-Involved Youth by Gender 263 Male Female 181 51 11 3 12 Committed Probation Aftercare FIGURE 6 Number of Justice-Involved Youth by Provision of Special Education Services Services Provided No Services Pending 157 116 31 22 1 2 Committed Probation 4 DATA SNAPSHOT OF YOUTH INCARCERATION IN NEW JERSEY

Despite Population Declines, New Jersey Still Spends Heavily on Incarceration Most of New Jersey s 2016 17 juvenile justice appropriations (53 percent) are slated for operation of the state s three secure care facilities (figure 7). Community programs, including the operation of residential community homes and grants-in-aid to programs such as the Juvenile Detention Alter-natives Initiative, make up 36 percent of the state s juvenile justice appropriations (Treasury 2016). FIGURE 7 Juvenile Justice Appropriations, 2016 17 $63,554,000 $42,783,000 $7,785,000 $5,776,000 Secure Care Facilities Community Programs Administration and Support Services Parole and Transitional Services Source: New Jersey Department of the Treasury, Office of Management and Budget. Return on Investment for Youth Incarceration Is Poor Recidivism rates are high in New Jersey. More than 80 percent of youth released from secure correctional facilities are arrested or obtain a new court filing within three years (DOC n.d.). FIGURE 8 Youth Recidivism Rates in New Jersey Three Years after Release, 2011 14 84% 72% 32% New Court Filing or Arrest New Adjudication or Conviction New Commitment to State Facility DATA SNAPSHOT OF YOUTH INCARCERATION IN NEW JERSEY 5

Source: Department of Corrections, State Parole Board and Juvenile Justice Commission, Release Outcome 2011: A Three-Year Follow- Up (Trenton: State of New Jersey, Department of Corrections, n.d.). Information on Community-Based Alternatives Is Limited The New Jersey Juvenile Justice Commission operates several residential community homes as an alternative to placement in secure facilities. These less restrictive facilities feature organized programming, such as community service projects and educational and vocational opportunities, but still function as out-of-home placements for youth. Certain facilities specialize in treating youth with mental health needs and those charged with sex offenses. 8 Programs targeted to assist youth with substance abuse related needs are run at the New Jersey Training School and three residential community homes. 9 Notable Reforms and Ongoing Efforts New Jersey has been a national pioneer in replicating the local Juvenile Detention Alternatives Initiative statewide. The state has seen significant declines in detention populations, and many detention centers have closed or been consolidated. Use of a risk assessment and availability of detention alternatives in the state have reduced the number of youth placed in detention before trial or while awaiting placement (Mendel 2014). In 2015, SB 2003 further reformed certain aspects of the state s juvenile justice system. The bill limited waiver to adult court to those ages 15 and older and restricted the use of solitary confinement for incarcerated youth. 10 Notes 1 Juvenile Justice Commission, State of New Jersey, Office of the Attorney General, accessed March 13, 2017, http://www.nj.gov/oag/jjc/index.html. 2 Unbalanced Juvenile Justice, W. Haywood Burns Institute for Juvenile Justice Fairness and Equity, accessed March 13, 2017, http://data.burnsinstitute.org. 3 New Jersey: Annual Decision Points, W. Haywood Burns Institute for Juvenile Justice Fairness and Equity, accessed March 13, 2017, http://data.burnsinstitute.org/decision-points/31/newjersey#comparison=3&placement=3&races=1,2,3,4,5,6&offenses=5,2,8,1,9,11,10&odc=1&dmp=1&dmpcomparison=2&dmp-decisions=5&dmp-county=-1&dmp-races=1,2,3,4,7,5,6&dmp-year=2013. 4 Unbalanced Juvenile Justice, http://data.burnsinstitute.org. 5 Detention is defined as placement in a secure facility pending an adjudication hearing, transfer to adult court, disposition, or transfer to another jurisdiction. 6 Commitment is defined as court-ordered placement to a facility following adjudication. 7 Out of home includes detention, commitment, and youth sent to a facility as part of a diversion agreement in lieu of adjudication. 6 DATA SNAPSHOT OF YOUTH INCARCERATION IN NEW JERSEY

8 Community Programs: Residential Community Homes, State of New Jersey, Office of the Attorney General, Juvenile Justice Commission, accessed March 13, 2017, http://www.nj.gov/oag/jjc/residential_community.html. 9 Special Needs Services, State of New Jersey, Office of the Attorney General, Juvenile Justice Commission, accessed March 13, 2017, http://www.nj.gov/oag/jjc/offices_specialized.htm. 10 Anne Tiegen, Juvenile Justice 2015 Year-End Report, National Conference of State Legislatures, January 1, 2016, http://www.ncsl.org/research/civil-and-criminal-justice/juvenile-justice-2015-year-end-report.aspx. References DOC (Department of Corrections), State Parole Board and Juvenile Justice Commission. n.d. Release Outcome 2011: A Three-Year Follow-Up. Trenton: State of New Jersey, Department of Corrections. JJC (Juvenile Justice Commission). July 29, 2011. Juvenile Demographics and Statistics. Trenton: State of New Jersey, Office of the Attorney General. JJC (Juvenile Justice Commission). February 24, 2017. Juvenile Demographics and Statistics. Trenton: State of New Jersey, Office of the Attorney General. Mendel, Richard A. 2014. JDAI in New Jersey: A Statewide Replication Success Story And Lessons for Taking JDAI Statewide. Baltimore, MD: The Annie E. Casey Foundation. Treasury (Department of the Treasury), Office of Management and Budget. 2016. Appropriations Handbook: State of New Jersey, Fiscal Year 2016 2017. Trenton: State of New Jersey Department of the Treasury. About the Authors Elizabeth Pelletier is a research associate in the Justice Policy Center at the Urban Institute, where she works on projects related to mass incarceration and criminal justice reform. Before joining Urban, Pelletier researched education policy as a Fulbright grantee at the University of Toronto. She graduated from the College of William and Mary in 2014 with a BA in public policy and film studies. Samantha Harvell is a senior research associate in the Justice Policy Center. Her work focuses on bringing research to bear on criminal and juvenile justice system reform efforts. Among other projects, she codirects the OJJDP-funded Bridging Research and Practice Project to Advance Juvenile Justice and Safety and oversees assessment of local and state sites involved in the Justice Reinvestment Initiative. DATA SNAPSHOT OF YOUTH INCARCERATION IN NEW JERSEY 7

Acknowledgments This brief was funded by the Public Welfare Foundation. We are grateful to them and to all our funders, who make it possible for Urban to advance its mission. The views expressed are those of the authors and should not be attributed to the Urban Institute, its trustees, or its funders. Funders do not determine research findings or the insights and recommendations of Urban experts. Further information on the Urban Institute s funding principles is available at www.urban.org/support. In addition, Urban would like to thank the Youth First! Initiative for its support and staff from Youth Justice New Jersey for reviewing earlier drafts. 2100 M Street NW Washington, DC 20037 www.urban.org ABOUT THE URBAN INSTITUTE The nonprofit Urban Institute is dedicated to elevating the debate on social and economic policy. For nearly five decades, Urban scholars have conducted research and offered evidence-based solutions that improve lives and strengthen communities across a rapidly urbanizing world. Their objective research helps expand opportunities for all, reduce hardship among the most vulnerable, and strengthen the effectiveness of the public sector. Copyright April 2017. Urban Institute. Permission is granted for reproduction of this file, with attribution to the Urban Institute. 8 DATA SNAPSHOT OF YOUTH INCARCERATION IN NEW JERSEY