NCJ Number
54984
Date Published
1977
Length
80 pages
Annotation
CHILDREN IN ENGLAND AND WALES PRIMARILY BETWEEN 10 AND 16 YEARS OF AGE WHO HAVE BEEN SENT TO RESIDENTIAL FACILITIES FOR JUVENILE OFFENDERS OR HAVE BEEN INVOLVED IN CRIMINAL ACTS ARE THE CONCERN OF THIS REPORT.
Abstract
THE REPORT IS THE PRODUCT OF A WORKING PARTY ESTABLISHED BY THE NATIONAL ASSOCIATION FOR THE CARE AND RESETTLEMENT OF OFFENDERS (NACRO) TO CONSIDER FACILITIES OR ARRANGEMENTS FOR JUVENILE OFFENDERS IN NEED OF INSTITUTIONAL CARE AFTER COURT APPEARANCE, TO EXAMINE THE MOST APPROPRIATE WAY FACILITIES SHOULD BE MANAGED, AND TO MAKE RECOMMENDATIONS ON INSTITUTIONAL CARE FOR JUVENILES TO THE NACRO. APPROXIMATELY 12,000 JUVENILE OFFENDERS ARE HOUSED IN INSTITUTIONS ON ANY GIVEN DAY. THEY ARE DISTRIBUTED AMONG BORSTALS, DETENTION CENTERS, REMAND CENTERS, PRISONS, COMMUNITY HOMES, AND YOUTH TREATMENT CENTERS. JUVENILE CRIME INCREASED BY 40 PERCENT BETWEEN 1970 AND 1975, AND THE INCREASE IS GENERALLY MORE MARKED AMONG FEMALES THAN AMONG MALES. MOST COMMON JUVENILE OFFENSES ARE BURGLARY, THEFT, SHOPLIFTING, CRIMINAL DAMAGE NOT ENDANGERING LIFE, AND WOUNDING NOT ENDANGERING LIFE. THE MAIN STATUTE DEFINING THE LEGAL FRAMEWORK FOR DEALING WITH JUVENILE OFFENDERS IS THE CHILDREN AND YOUNG PERSONS ACT OF 1969. AT THE CENTRAL GOVERNMENT LEVEL, THE DEPARTMENT OF HEALTH AND SOCIAL SECURITY IS RESPONSIBLE FOR YOUNG OFFENDERS. AT THE LOCAL GOVERNMENT LEVEL, THIS RESPONSIBILITY IS WITH SOCIAL SERVICE DEPARTMENTS, PROBATION AND AFTERCARE SERVICE AGENCIES, AND VOLUNTARY ORGANIZATIONS. TO REMEDY SOME OF THE PROBLEMS AND MALFUNCTIONS EXPERIENCED BY INSTITUTIONS PROVIDING CARE FOR JUVENILE OFFENDERS, INCLUDING PROBLEMS RELATED TO STAFFING, RECIDIVISM, RESIDENTIAL FACILITY DISTRIBUTION, INDIVIDUALS WITH SPECIAL PROBLEMS, CHILDREN IN PRISON, AND FINANCING, CERTAIN STRATEGIC OPTIONS ARE IDENTIFIED: (1) AD HOC AMELIORATION OF INSTITUIONS, IMPROVING AND REFORMING CERTAIN ASPECTS OF EXISTING INSTITUTIONAL ARRANGEMENTS AND FACILITIES THAT APPEAR TO BE CAUSING DIFFICULTY; (2) AMELIORATION OF INSTITUTIONS WITH EASED NUMBERS, COMBINING THE FIRST STRATEGY WITH RECOMMENDATIONS FOR REDUCING THE NUMBER OF CHILDREN INSTITUTIONALIZED; AND (3) DECARCERATION, CLOSING DOWN ALL RESIDENTIAL AND INSTITUTIONAL FACILITIES FOR YOUNG OFFENDERS OVER A PREDETERMINED AND LIMITED PERIOD, EXCEPT FOR ONE OR MORE SMALL RESIDUAL FACILITIES WITH HIGH-PERIMETER SECURITY AND INTENSIVE PSYCHIATRIC AND OTHER SERVICES FOR NO MORE THAN ABOUT 400 YOUNG OFFENDERS WHO ARE JUDGED TO PRESENT A DIRECT, IMMEDIATE, SUBSTANTIAL, AND PHYSICAL THREAT TO THE GENERAL PUBLIC, AND SUBSTITUTING A RANGE OF NONINSTITUTIONAL FACILITIES. THE USE OF NONCUSTODIAL MEASURES CAN BE INCREASED BY EMPLOYING SUCH MEASURES AS ATTENDANCE CENTERS, SUPERVISION ORDERS, FINES, AND SENTENCE DEFERRAL. NONINSTITUTIONALIZED FACILITIES CAN BE DEVELOPED, INCLUDING INTERMEDIATE TREATMENT, COMMUNITY SERVICE, DAY CARE, AND FOSTERING. TO RESTRICT POWERS OF THE COURT, IT IS RECOMMENDED THAT THE STATUTORY MINIMUM PERIOD SPENT IN A BORSTAL BE ABOLISHED AND THAT GOVERNMENT DEFINE CRITERIA FOR THE USE OF UNRULINESS CERTIFICATES TO REDUCE THE NUMBER OF JUVENILES ON REMAND IN PRISONS. PUBLIC RELATIONS ACTIVITIES ARE AN ESSENTIAL ASPECT OF DECARCERATION. APPENDIXES CONTAIN A CASE HISTORY OF A JUVENILE OFFENDER PLACED IN A BORSTAL AND PROVIDE INFORMATION ON THE LEGAL FRAMEWORK OF JUVENILE OFFENSES, THE RESPONSIBILITY FOR AND INSTITUTIONS TO SERVE YOUNG OFFENDERS, REASONS FOR THE IMPRISONMENT OF YOUTH, CAUSES OF JUVENILE CRIME, AND COSTS OF INSTITUTIONALIZATION. TABLES, FIGURES, AND REFERENCES ARE INCLUDED. (DEP)