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Reforming youth corrections
Pronouncements by the Schwarzenegger administration
about its intention to solve the perennial crisis in California's youth
corrections system are a welcome change. By taking on this challenge,
Gov. Arnold Schwarzenegger will confront opposition rooted in the
hallway politics of Sacramento and those vested in the system. Too bad
the administration's proposals will fail because they leave the system
intact and provide no strategy or resources for the sweeping structural
changes necessary to achieve reform. The report released earlier this
month by the state Inspector General's Office showing the California
Youth Authority's failure to follow through on even minimal reforms over
the past three years portends what is to come.
Reforming youth corrections in California requires
abolishing the large youth authority institutions and shifting to
smaller, regional facilities. The youth authority's eight large
institutions that house between 400 and 1,200 youths are relics from a
previous century and represent a long discredited approach to youth
corrections. California is among the last states to adhere to large
congregate institutions where youths reside for an average of 36 months
in large dormitory-style living units, each housing up to 80 youths.
Although these living units have long been recognized as breeding
grounds for violence, anger and despair, the governor's plan released
earlier this month rejects any suggestions for their permanent closure.
The tragic legacy of this system is the reinforcement of criminal
propensities and recidivism rates that reach 90 percent. Rehabilitation
cannot occur in an environment where violence and exploitation are
viewed as necessary for survival. Reducing violence in correctional
facilities requires small living units where youths feel safe and prison
gangs cannot flourish. Other states such as Missouri, Pennsylvania and
Texas have adopted such an approach and are now seen as national models.
The state has three options for reconstituting its
juvenile-justice system:
- Convert county juvenile halls. The California
Youth Authority houses 3,500 youths from throughout California. In
recent years, many counties have added more than 3,000 excess
juvenile hall beds as a result of incentive monies from the state
and federal government. Because of declining youth crime rates,
there is now a glut of empty detention beds that could quickly be
converted to long-term use. Many of these new detention facilities
have modern designs where no more than 30 wards can be housed in
single-room living units. These smaller living units, where wards
can be properly supervised and protected, provide a superior
alternative to CYA confinement. The state would lease the facilities
from county probation departments, generating revenue for the
counties.
- Redesign ranches and camps. County ranches and
camps are run by probation departments and serve as the last
alternative to juvenile prison for many youths. These facilities
have long suffered from inadequate funding and limited treatment
options. To upgrade these facilities for use by the CYA , counties
or the state could issue bonds and then support their ongoing
operations with money reallocated from closed CYA facilities. The
bonds could then be paid off through the sale of the old CYA
properties. To ensure that the new facilities are used for the same
population committed to the CYA, legislation will be required to
extend county jurisdiction up to age 21 or 25 for specific offenses.
- Contract with private agencies. Private sector
agencies can attract private investment for facility construction at
a time when state and county governments are financially strapped.
Privately contracted facilities are also easier to hold accountable
in the event of a scandal by cancelling a contract or imposing
penalties than is a large publicly administered institutional system
like California's.
The governor should be lauded for acknowledging the
crisis in California's youth corrections system, however, no substantive
change can occur if the present system is left intact. While
correctional administrators have long accepted a preference for smaller
facilities, California's youth correctional crisis results from the
historic failure of the state's political leadership. If Gov.
Schwarzenegger is to fulfil his promise of truly reforming youth
corrections, he must be willing to confront the entrenched bureaucracies
that will oppose substantive change.
Daniel Macallair
January 17, 2005
http://www.sfgate.com/cgi-bin/article.cgi?f=/chronicle/a/2005/01/17/EDG74AQMG11.DTL
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