Association on American Indian Affairs

Juvenile Justice Reform and the

Juvenile Detention Alternatives Initiative (JDAI)

Prepared by

Jack F. Trope, Executive Director, AAIA

Association on American Indian Affairs

MeetingsTwo meetings took place to discuss tribal juvenile justice issues and the application of the Juvenile Detention Alternatives Initiative (JDAI) to tribal communities.

JDAI is an initiative of the Annie E. Casey Foundation that has been adopted by many jurisdictions across the country. JDAI is designed to reduce the commitment of youth in secure confinements while embracing greater reliance on community-based and family-focused interventions.

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Meetings

The meetings were held in Denver in November 2011 and Albuquerque in April 2012.

Meetings were co-sponsored and facilitated by the Association on American Indian Affairs (AAIA), National Indian Child Welfare Association (NICWA) and Annie E. Casey Foundation.

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Meeting Participants

• Tribal leaders, • Tribal court judges, • Individuals who have knowledge about or experience working with juvenile issues in a tribal context, and • Individuals who are working to develop alternatives to detention for juveniles.

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Consistent with tribally-identified agenda

During consultations with federal officials regarding the implementation of the Tribal Law and Order Act, tribal representatives emphasized that “alternatives to incarceration are of primary importance.”

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Issues/Challenges Identified

JDAI in Tribal Communities •Need to take into account cultural requirements, traditional values, and historic trauma •Disseminating Information about JDAI •Building tribal capacity and collaboration•Focus on youth issues •Changes in federal policies

 

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Issues/Challenges Identified

Disproportionate Minority Contact (DMC) issues

• Addressing explicit and implicit racism • Promoting better understanding of tribal culture and communities • Improving data – include Native Americans as separate category and break down by tribe

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Issues/Challenges Identified Disproportionate Minority Contact (DMC) issues

(cont.)

Improve interaction and cooperation between tribes and states/counties, including involvement of tribal leaders and judges

Coalition Building between tribes and other advocacy/community organizations

Application of ICWA to status offenses and ICWA-type protections for other juvenile justice cases

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Next Steps

• Implementing the JDAI model in tribal communities• Changing and/or enforcing federal policies that impact Native American youth in the juvenile justice system• Impacting the treatment of Native American youth by non-tribal systems (reducing disproportionality)

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Next Steps (cont.)

Changing or Enforcing Federal Policies:

• Development of a core group of tribal leaders (“engaged tribal leadership”) that will advocate for improved federal funding policies and programs that will help youth• Work to ensure that implementation of the Tribal Law and Order Act reflects the need to develop alternatives to incarceration for youth• Advocate with the Federal Bureau of Prisons regarding youth in its care

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Next Steps (cont.)

Impacting the Treatment of Native American Youth by state/county systems:• Research the application of ICWA to status offenders and develop a strategy to promote its implementation• Pilot project involving a JDAI site located near tribal communities (possibly New Mexico)• Outreach to state and county court judges

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Next Steps (cont.)

• Need to recruit additional partners in this effort

• Use Native media to spread information about this group and its efforts

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JDAICore strategies:

• Inter-govermental and community collaboration

• Reliance on data

• Objective admissions screening

• Alternatives to secure confinement or detention

• Expedited case processing

• Improved handling of “special cases”

• Improving conditions of confinement

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JDAIApplication to Indian country

• Tribes already working with youth in many places without detention

•Locking up kids is not a traditional value

• JDAI – “back to basics”

• Based upon values with focus upon adult behavior in system

• Can help to ensure that system reflects the culture and tribal sovereignty by developing an holistic problem solving system defined by community goals

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JDAIPotential Benefits to Indian country

• Enhances public safety (detained juvenile tend to commit more crimes as adults, not less)

• Can identify and address existing tribal needs and lead to improved better “thought out” tribal responses

• Qualitative (how decisions are made) and qualitative (expanding range of options) changes

• Brings together all community stakeholders

• Can promote interventions firmly based in tribal culture

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JDAI

Pilot Site in Indian Country

Department of Justice Office of Juvenile Justice and Delinquency Prevention (OJJDP) and Annie E. Casey Foundation are joining forces to fund a tribal JDAI pilot site in 2013 and to provide technical assistance to that site.

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Conclusion

An effort has begun to improve how Native American youth are treated by juvenile justice systems

Efforts includes mobilizing tribal leaders to advocate on these issues

Application of JDAI in tribal community – an important part of the initiative