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A new report is shedding light on how far behind Pennsylvania has fallen when it comes to fixing the state's juvenile justice system.
The report from the Prison Policy Initiative, which provides research related to incarceration, shows Pennsylvania, Alabama and Indiana together account for 31% of the youth behind bars for violations that would not be offenses if the offenders were adults. These include things like underage drinking, running away and incorrigibility, what the researchers describe as "a vague offense" used against young people who refuse to obey their parents or authorities.
"It was striking to me. Pennsylvania and Indiana were the two states that just stuck out to me as really, they seem to have more in common with states in the South than they did with their neighbors" when it comes to juvenile justice, said Wanda Bertram, a spokeswoman for the Prison Policy Initiative.
"Pennsylvania has almost 200 kids that are locked up for technical violations. New York has 24," Bertram told CapitolWire. "A bigger state, a bigger youth population, and yet they're not doing this."
Pennsylvania and West Virginia combined account for 50% of the children behind bars for underage drinking, according to the group's research. Pennsylvania alone accounts for more than one-third of the youth in detention due to underage drinking.
The findings come four years after a statewide task force handed down dozens of recommendations for how the state could fix the state's juvenile justice system.
Like the new report, the task force found that the juvenile justice system relies too heavily on out-of-home placements for juveniles in custody when less costly and more effective alternatives are available.
Enacted reforms
But only two of the task force's recommendations have been enacted into law, both last year.
Act 107 requires that courts hold a review hearing at least every three months to make sure juveniles in out-of-home detention are getting appropriate care and are returned home in an appropriate time frame.
Act 108 created an expungement process for juvenile delinquency cases. Both measures took effect in April.
Pending legislation
The state House in July passed two additional bills inspired by the juvenile justice task force's work. Both those measures are now in the Senate, awaiting further action.
House Bill 1577 would require the Department of Human Services to establish stricter protocols for the use of restraints on juveniles in custody. The legislation indicates that restraints should "only be used as measures of last resort to protect a child from behavior that poses a serious and immediate risk of physical harm to self or others."
Under House Bill 1576, the Department of Human Services would be required to establish a cost-sharing program to help counties pay for legal representation for juveniles in detention facilities.
The legislation would allow counties to seek reimbursement for 50% of the cost of legal representation for juvenile detainees.
A fiscal note completed by the House Appropriations Committee estimated the legislation would cost the state almost $1 million.