RICHMOND —
Kentucky was used as an example last week of how Congress should reform the nation’s juvenile justice system.
Hasan Davis of Berea, one of the state’s two deputy commissioners of juvenile justice, told the House of Representative’s education and labor committee about the Kentucky’s success in meeting the needs of vulnerable youth while increasing public safety.
Davis, a native of Atlanta who came to Kentucky after a stint in the military to attend Berea College, was appointed by Gov. Steve Beshear as deputy juvenile justice commissioner with responsibility for state-run residential facilities, including detention centers, group homes and youth development centers. He is a graduate of the University of Kentucky College of Law.
The Bluegrass state has not always been a model for juvenile justice, Davis told the panel chaired by Rep. George Miller, D-Calif. As recently as 2006, the state was in danger of failing out of compliance with the federal Juvenile Justice and Delinquency Act (JJDPA). Kentucky courts too often were making exceptions to the rule designed to prevent juvenile status offenders from being incarcerated. Status offenses are those such as truancy, running away from home and violating curfew that would not be illegal if the subject was 18 or older.
The state previously had been out of compliance by housing juvenile offenders in adult facilities, even if in separate sections.
In both instances, Kentucky was faced with a choice, Davis said, “forsake the JJDPA and the protections it provides youth or challenge itself to do better.”
The state chose to comply and has reaped the rewards, he said.
A routine 2007 audit showed that more than 2,000 juvenile status offenders had been jailed for status offenses after judges across the state issued exceptions. That makes Kentucky one of only three states to issue more than 1,000 such orders. In more than 25 states that year, only 250 exceptions were issued.
Most juvenile status offenses, Davis said, can be traced “problems at home and school, and to unmet trauma and mental health needs of young people.”
Locked detention not only cannot resolve such issues, he told the Congressional panel; incarceration often compounds the underlying problems and adds to overcrowded facilities, Davis said.
Nationwide, more than 70 percent of detained youth are held in overcrowded facilities. Also, girls and youth of color are more likely to be detained than are white male juveniles, according to statistics he cited.
In 2003, Kentucky allotted a portion of its JJDPA Title II grant to launch a detention alternatives coordinator program. DACs are similar to probation officers in the criminal justice system. After a successful test run, the state’s juvenile justice department funded the DAC program.
Today, Kentucky provides an array of alternatives to locked detention through the DACs associated with each of the state’s nine regional detention centers for juveniles. The nine regional centers were set up after Kentucky ended incarceration of juveniles in county jails, so no county would be more than an hour away.
The detention alternative coordinators work with the Administrative Office of the Courts to educate judges about the program, Davis told the committee.
(Judges in the 25th District that includes Madison and Clark counties were quick to embrace the program and have helped to educate other judges across the state, Davis told the Richmond Register.)
To illustrate the success of alternatives to detention, Davis told the story of a girl named Vicky.
She was a habitual runaway being treated for oppositional defiant disorder, who would climb out of her bedroom window at night and walk away from school. She was picked up by a DAC who asked a judge to place her under electronic monitoring rather than in a locked facility.
Vicky then was ordered into treatment and began taking medication. Her school attendance became more steady, and her grades improved. Today, she is enrolled at Eastern Kentucky University and is living drug free, Davis said.
Since 2002, however, federal appropriations to states in support of the JJDPA’s priorities have fallen by more than 50 percent, Davis said. He challenged Congress to restore funding for the resources that can “meet the critical needs for children involved with the courts.”
Bill Robinson can be reached at brobinson@ richmondregister.com or at 624-6622.
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