NCJ Number
192707
Journal
Criminal Justice Magazine Volume: 15 Issue: 1 Dated: Spring 2000 Pages: 1-12
Date Published
2001
Length
12 pages
Annotation
This article analyzes juvenile detention in Maryland and proposes reforms that would return the juvenile justice system to the initial intent of the first juvenile justice system, i.e., to assess and treat juveniles in accordance with their needs so as to assist them in developing positive attitudes and behaviors.
Abstract
Maryland is experiencing the worst overcrowding of its juvenile detention facilities in its history. Those who enter detention facilities without mental health problems are being diagnosed with depression, attachment disorder, posttraumatic stress disorder, and other emotional disorders as a direct result of their incarceration. Although African-Americans compose only 17 percent of the youth population in Maryland, they account for 39 percent of arrests and 64 percent of the over 7,000 annual admissions to State detention facilities. The availability of detention facilities for holding juveniles indefinitely in lieu of a proper final placement has proved to be a convenient device for avoiding reform. In Maryland, the courts in most jurisdictions rarely intervene to issue a specific order for community-based treatment with home supervision once a commitment order is issued. Given the extensive problems that exist in detention facilities, it is not beneficial for them to become primary sources of treatment. Screening of children who do not need to be detained would divert children out of the juvenile justice system. Detention should be based on a thorough risk assessment, which includes appropriate consideration of a child's mental health, behavioral, and substance abuse needs. In Maryland, legislation enacted and signed into law in May 1999 mandated a mental health and substance abuse screening process. The legislation requires a juvenile justice intake officer to discuss with a child and the parent/guardian information regarding a referral for a mental health and substance abuse screening. It also requires the intake officer to document whether the parent or guardian of the child made an appointment for a screening. Too many children are detained who can and should be under home supervision, including those with emotional and behavioral problems and mental health diagnoses. Even when detention is warranted at the time of a child's intake, continued detention must be reviewed. For children who must be detained in State-run or contracted facilities, there must be a guarantee of facilities that are safe, healthy, and well-run. The Maryland Juvenile Justice Coalition is advocating the passage of legislation to be introduced during the 2000 legislative term. The legislation would limit the amount of time a juvenile spends in detention after commitment, yet prior to placement, by requiring that the child be removed from detention within 15 days after disposition.