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

5 of 56 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

  • 0–17
  • Extended Age of Delinquency Jurisdiction: 24

Age of detention

"Usually 14-17", "We had a recent incident where a judge jailed a 10 year old, but it is rare and raised a large outcry statewide." - Cil Robinson, JJS

Standard for detention

(1) Whenever a peace officer believes, on reasonable grounds, that a youth can be released to a responsible person, the peace officer may release the youth to that person upon receiving a written promise from the person to bring the youth before the juvenile probation officer at a time and place specified in the written promise, or a peace officer may release the youth under any other reasonable circumstances.

(2) Whenever the peace officer believes, on reasonable grounds, that the youth must be detained, the peace officer shall notify the juvenile probation officer immediately and shall, as soon as practicable, provide the juvenile probation officer with a written report of the peace officer's reasons for holding the youth in detention. If it is necessary to hold the youth pending appearance before the youth court, then the youth must be held in a place of detention, as provided in 41-5-348, that is approved by the youth court.

Detention hearing timeline

Mont. Code Ann. § 41-5-332.

Within 24 hours of detention, excluding Saturdays, Sundays 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

Ms. Cil Robinson
Board of Crime Control
3075 North Montana Avenue
P.O. Box 201408
Helena, MT 59620-1408
Phone: 406-444-2632
Fax: 406-444-4722
Email: cirobinson@mt.gov

Website

JJS coordinator

Julie Fischer
Juvenile Justice Specialist
Montana Board of Crime Control
3075 N. Montana Ave.
P.O. Box 201408
Helena, MT 59620-1408
Phone: 406-444-2056
jfischer2@mt.gov

DMC subcommittee chair

Honorable Pedro Hernandez
Justice of the Peace
Yellowstone County
P.O. Box 35032
Billings, MT 59107
Phone: 406-256-2894
Fax: 406-256-2898
phernandez@co.yellowstone.mt.us

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.

State Advisory Group (SAG)

The Montana Board of Crime Control serves to improve the juvenile justice system through planning, research and development of statewide juvenile justice programs under the Montana Youth Court Act, federal Juvenile Justice and Delinquency Prevention Act of 2002 (the Act) and related federal regulations and guidelines developed by the Office of Juvenile Justice and Delinquency Prevention.

MBCC is the state agency designated by the governor to administer Title II Formula Block Grant funds and Title V Prevention grants under the federal Juvenile Justice and Delinquency Prevention Act and the federal Juvenile Accountability Block Grant.

To be eligible for funding the Act require states:

  • Designate a state advisory group (SAG) and juvenile justice specialist to implement the Act.
  • Comply with the four core requirements of the JJDPA.

SAG chair

Pam Carbonari
Mayor
City of Kalispell
120 Sunset Court
PO Box 2445
Kalispell, MT 59903
406-253-8941
406-752-6052 (fax)
pamcarbonari@centurylink.net
Website

Organizational structure

Montana's SAG is a fifteen member committee established by executive order of the governor known as the Youth Justice Advisory Council (YJAC). Members are appointed by the governor for two year terms.

Committees

  • Executive
  • DMC/JDAI
  • Youth Committee
  • Legislative
  • Mental Health
  • Grant Application Review

Membership

  • Tim Brurud
  • Leah Heffelfinger
  • Elinor Nault
  • Hon. Pedro Hernandez
  • Randy Shipman
  • Erika Lindbloom
  • Nick Korthals
  • Laura Singley
  • Katie Champion
  • Chaz McGurn
  • Adam Stern
  • Larry Dunham
  • Cindy McKenzie
  • Roy Tanniehill

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:

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