NCJ Number
187566
Journal
Juvenile and Family Court Journal Volume: 52 Issue: 1 Dated: Winter 2001 Pages: 29-36
Date Published
2001
Length
8 pages
Annotation
This paper suggests 10 ways to reduce the juvenile detention population.
Abstract
First, do not hold technical violators; 34 percent of youth are detained for status offenses and technical violations. This category includes juveniles who have violated court orders or the rules of probation. Since adults would rarely, if ever, face detention for these behaviors, juveniles should not either. Second, use bail; this would reduce the juvenile detention population, particularly if the bail amount were geared to the youth's level of values, such as requiring that the youth's "boom box" be deposited. Third, disallow warrantless arrests, such that the arrest and detention of juveniles would be limited by the same rules as for adults. Fourth, do not hold runaways unless evidence is produced to show probable cause that the youth will not return for the next hearing; opportunity for rebuttal should be provided. Fifth, detention based on the predicted danger of a youth to others must derive from a due process hearing in which relevant evidence is presented and examined. Sixth, detention based on the belief that a youth is a danger to himself/herself (suicidal) must be based on admissible evidence of such a threat. Seventh, therapeutic detention (detention for the purpose of treatment) should not be used, since punishment, not therapy, is the order of the day. Remaining ways to reduce juvenile detention are to not hold youth simply because there is no placement option readily available, to use home detention, and to use alternative means of monitoring a juvenile. 38 notes