Unbalanced Youth Justice

The Burns Institute is in pursuit of an equitable and excellent youth justice system. A system used sparingly and appropriately.  We know that our current youth justice system is not equitable, excellent, or used sparingly and appropriately. More than 47,000 youth were incarcerated on any given night in 2015, most (73 percent) for non-violent offenses. The majority (69 percent) of those incarcerated were youth of color.  Learn more »

Use the tools below to explore this issue »

One-day count

Data in this section show how many youth are detained, committed, or otherwise sleeping somewhere other than their homes per orders of the court on "any given day" in select years. Data is available for the nation and on a state-by-state basis, and are based upon one-day counts of youth in residential placement facilities conducted in 1997, 1999, 2001, 2003, 2006, 2007, 2010, 2011, 2013, and 2015. Learn more »

Show table and download this data

Click column headers to sort Download

Year White Black Latino Native American Asian Other All youth of color All youth

Annual decision points

This section includes data at nine key juvenile justice annual decision points. Data are available at the county and state-level, but only for counties that report. This section allows you to view the data from many different angles and all of the data is broken down by race and ethnicity. Learn more »

Year

Data not available for every year. (Why?)

Available years are those for which states have submitted data to OJJDP. States do not submit data on an annual basis.

Case flow diagram

Click on a decision-making point to see the data for that point. Click additional decision-making points to the graph to compare.

  1. Youth population

  • 1Comparison of arrest to population is rate per 1,000 youth. All other annual decision points are rate per 100 youth at the prior decision-making point.
  • 2Due to differences in how states define arrests and referrals to court, some states may have more referrals to court than arrests.
Show table and download this data

Click column headers to sort Download

Decision White Black Latino American Indian or Alaskan Native Hawaiian or Pacific Islander Asian Other All youth of color All youth

6 of 16 counties (Why?)

Originally, states were only required to examine three counties: those with the greatest proportions of minority youth within their juvenile population, as well as those that contained the greatest numbers of minority youth. Only recently has OJJDP required that states track DMC data for all potential DMC reduction sites on a regular basis (at least every 3 years). If a county is not a DMC reduction site, data may not be available.

Detention statute

Juvenile courts may hold delinquents in a secure detention facility if the court believes it is in the best interest of the community or the child. After arrest a youth is often brought to the local juvenile detention facility by law enforcement. Juvenile probation officers or detention workers review the case and decide if the juvenile should be held pending a hearing by a judge.

Jurisdiction ages

  • 10–17
  • Extended Age of Delinquency Jurisdiction: 20

Age of detention

11–21

Standard for detention

4. Release or detention ordered by juvenile community corrections officer. The release or detention of a juvenile may be ordered by a juvenile community corrections officer as follows.

B. Release may be unconditional or conditioned upon the juvenile's promise to appear for subsequent official proceedings or, if a juvenile can not appropriately be released on one of these 2 bases, upon the least onerous of the following conditions, or combination of conditions, necessary to ensure the juvenile's appearance or to ensure the protection of the community or any member of the community, including the juvenile:

(1) Upon the written promise of the juvenile's legal custodian to produce the juvenile for subsequent official proceedings or at any place or time when so ordered by the juvenile community corrections officer or the Juvenile Court;

(2) Upon the juvenile's voluntary agreement to placement in the care of a responsible person or organization, including one providing attendant care;

(3) Upon prescribed conditions, reasonably related to securing the juvenile's presence at subsequent official proceedings or at any place or time when so ordered by the juvenile community corrections officer or the court, restricting the juvenile's activities, associations, residence or travel;

(4) Upon such other prescribed conditions as may be reasonably related to securing the juvenile's presence at subsequent official proceedings or at any place or time when so ordered by the juvenile community corrections officer or the court; or

(5) Upon prescribed conditions, reasonably related to ensuring the protection of the community or any member of the community, including the juvenile.

Upon imposition of any condition of release described in subparagraph (2), (3), (4) or (5), the juvenile community corrections officer shall provide the juvenile with a copy of the condition imposed, inform the juvenile of the consequences applicable to violation of the condition and inform the juvenile of the right to have the condition reviewed by the Juvenile Court pursuant to subsection 10.

C. Detention, if ordered, must be in the least restrictive residential setting that will serve the purposes of the Maine Juvenile Code as provided in section 3002 and one of the following purposes of detention:

(1) To ensure the presence of the juvenile at subsequent court proceedings;

(2) To provide physical care for a juvenile who can not return home because there is no parent or other suitable person willing and able to supervise and care for the juvenile adequately;

(3) To prevent the juvenile from harming or intimidating any witness or otherwise threatening the orderly progress of the court proceedings;

(4) To prevent the juvenile from inflicting bodily harm on others; or

(5) To protect the juvenile from an immediate threat of bodily harm.

D. Detention of a juvenile in a detention facility may be ordered by the Juvenile Court or a juvenile community corrections officer when there is probable cause to believe the juvenile:

(1) Has committed an act that would be murder or a Class A, Class B or Class C crime if committed by an adult;

(2) Has refused to participate voluntarily in a conditional release placement or is incapacitated to the extent of being incapable of participating in a conditional release placement;

(3) Has intentionally or knowingly violated a condition imposed as part of conditional release on a pending offense or has committed an offense subsequent to that release that would be a crime if committed by an adult;

(4) Has committed the juvenile crime that would be escape if the juvenile was an adult;

(5) Has escaped from a facility to which the juvenile had been committed pursuant to an order of adjudication or is absent without authorization from a prior placement by a juvenile community corrections officer or the Juvenile Court; or

(6) Has a prior record of failure to appear in court when so ordered or summonsed by a law enforcement officer, juvenile community corrections officer or the court or has stated the intent not to appear.

If, in the judgment of the juvenile community corrections officer, based on an assessment of risk, or in the judgment of the Juvenile Court, it is not necessary or appropriate to detain a juvenile who satisfies the criteria for detention, the juvenile community corrections officer or the Juvenile Court may order the placement of the juvenile in the juvenile's home or in an alternative facility or service, such as a group home, emergency shelter, foster placement or attendant care, subject to specific conditions, including supervision by a juvenile community corrections officer or a designated supervisor. Such a placement is considered a conditional release.

Detention may not be ordered when either unconditional or conditional release is appropriate.

Detention hearing timeline

Within 48 hours following the detention, excluding Saturday, Sunday and legal holidays.

Contact

Please email Anna Wong with any updates to contact information for your DMC coordinator, JJS coordinator, or DMC subcommittee chair.

DMC coordinator

Nathan Gagnon
Compliance Monitor
Maine Department of Corrections
111 State House Station
Augusta, ME 04333-0111
Phone: 207-287-4506
nathan.gagnon@maine.gov

There is no DMC website

JJS coordinator

Kathryn McGloin
Maine Department of Corrections
Juvenile Corrections Division
111 State House Station
Augusta, ME 04333
Phone: 207-287-1923
Fax: 207-287-4518
kathryn.mcGloin@maine.gov

DMC subcommittee chair

Ned Chester
Phone: 207-831-3208
nchester@maine.rr.com

Reform efforts

States that wish to post their most recent three-year plans or share other relevant publications about their reform work should contact Anna Wong. We would be happy to link to relevant documents and information.

DMC reform efforts

Participated in Burns Insitute Training and in the process of interviewing 3 main refugee communities.

State Plan

There is no link available to the current State Plan

State Advisory Group (SAG)

The Juvenile Justice Advisory Group (JJAG) prepares the State juvenile justice plan; manages funds awarded to the State under terms of the federal act; monitors State compliance with national juvenile standards; and advises State policy makers on juvenile justice issues. The JJAG's priorities are guided by its three year plan. The plan provides the framework for JJAG's course of action in terms of funding priorities, research directions, and legislative policy. The JJAG's current strategic plan involves the following priorities:

  • To promote effective, system level responses that further the goals of the JJDPA;
  • To promote the development of gender specific services for Maine's juvenile justice system;
  • To ensure that youth are not detained for lack of appropriate alternatives;
  • To reduce delinquency and youth violence by providing community members with skills, knowledge, and opportunities to foster a healthy and nurturing environment that supports the growth and development of productive and responsible citizens;
  • To provide information and training to legislators, juvenile justice professionals, and the general public to benefit youth and all those involved with Maine's juvenile justice system; and
  • To maintain compliance with the core requirements of the JJDP Act and to monitor the compliance of JJAG grantees.

SAG chair

Bartlett Stoodley
Juvenile Justice Advisory Group
MDOC
SHS #111
Augusta, ME 04333-0111
www.mainejjag.org

Organizational structure

JJAG members are appointed by the Governor for a term of four years. They represent a cross section of the views of the general public and provide a broad spectrum of political and philosophical views. They advise the Governor and the Legislature on on issues concerning juvenile justice and are charged with monitoring Maine's compliance with the requirements of the Juvenile Justice Delinquency Act (e.g. separation of juveniles from adults in secure detention;) the development of a 3-year plan for juvenile justice and delinquency prevention; and oversight of a grant program that supports the implementation of the plan.

Committees

There is no committee information available at this time.

Membership

  1. Barry Stoodley, JJAG Chair, Retired Associate Commissioner for Juvenile Services, Department of Corrections
  2. Edwin Chester, Attorney, Chester & Vestal
  3. Abigail Comee-McCourt, Youth Member
  4. Nickole DeMeritt, Clerk of Court
  5. Dalene Dutton, Five Town Communities That Care
  6. Charles C. LaVerdiere, Chief Judge, District Court
  7. Margaret Longsworth, Director of Clinical Services, OHI
  8. Makin, Pender, Principal, The REAL School
  9. Mosher, Tessa, Director of Victim Services
  10. Muhitira, Christian, Youth Member
  11. O'Neil, Colin, Associate Commissioner for Juvenile Services
  12. Christine Thibeault, Juvenile Prosecutor
  13. Tweed, Dr. Lindsey, Child and Adolescent Psychiatrist
  14. Patrick Walsh,  Director of Prevention Services

About the data

Our website is populated by data provided to us by the Office of Juvenile Justice and Delinquency Prevention (OJJDP). Continue reading for details about the One-day count and Annual decision points data.

Download

Complete downloads of the data are available in several formats:

Download the data »

Each table of data is also available for download. Click Show table below any table to download just the data shown.