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 »

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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

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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

3 of 3 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: 20

Age of Detention:

12–17

Standard for detention

(a) Pending adjudication no child alleged to be delinquent may be placed in secure detention operated by the Department of Services for Children, Youth and Their Families unless the Court determines that no means less restrictive of the child's liberty gives reasonable assurance that the child will attend the adjudicatory hearing and:

(1) The child is a fugitive from another jurisdiction on a delinquency petition; or

(2) The child is charged with an offense, which, if committed by an adult would constitute a felony, including offenses contained within this title and Chapter 47 of Title 16, the Uniform Controlled Substance Act, or one of the following misdemeanors: Assault in the third degree, unlawful imprisonment in the second degree, vehicular assault in the first degree, indecent exposure in the first degree, unlawful sexual contact in the third degree, or carrying a concealed dangerous instrument; or

(3) The child has wilfully failed to appear at a hearing on a delinquency petition and there is substantial probability that the child will run away or otherwise be unavailable for a subsequent court appearance; or

(4) The child has demonstrated a pattern of repeated failure to comply with court-ordered placement pursuant to a delinquency petition in an out-of-home residential or foster care setting.

(b) Prior to making a decision of secure detention pending adjudication the Court shall consider and, where appropriate, employ any of the following alternatives:

(1) Release on the child's own recognizance;

(2) Release to parents, guardian or custodian;

(3) Release on bail;

(4) Release with imposition of restrictions on activities, associations, movements and residence reasonably related to securing the appearance of the child at the next hearing;

(5) Release to a nonsecure detention alternative developed by the Department of Services for Children, Youth and Their Families such as home detention, daily monitoring, intensive homebase services with supervision, foster placement, or a nonsecure residential setting.

Detention hearing timeline

"Without unreasonable delay" to the Family Court or another court if the family court is not in session.

Contact

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

DMC coordinator

Ronald Keen
DMC Coordinator
Criminal Justice Council
Carvel State Office Building
820 North French Street, 10th Floor
Wilmington, DE 19801
Phone: 302-577-8728
ronald.keen@state.de.us

Website

JJS coordinator

Terica Jones
Phone: 302-577-8726
terica.jones@state.de.us

DMC subcommittee chair

Mr. Michael Arrington, Esq.
Parkowski, Guerke & Swayze, P.A.
Phone: 302-594-3333
marrington@pgslegal.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

  • Assessment at the arrest stage in 2009 and 2010 in 5 municipalities/communities within New Castle County, Kent County, and Sussex County.
  • Development of an alternative to arrest in Wilmington County.
  • Youth Rehabilitative Services reviewed Violation of Probation practices with regards to DMC
  • SAG will continue to award points for DMC components when reviewing concepts for future programming
  • Continued intake of data and statistics on DMC

State plan

2012-2014 Comprehensive Plan

Mental Health Services, Alternatives to Arrest, and Delinquency Prevention. Also includes compliance tasks to meet JJDPA Core Requirements such as Deinstitutionalization of Status offenders, Separation of Juveniles from Adult Offenders, and Compliance Monitoring

State Advisory Group (SAG)

The Delaware Criminal Justice Council is committed to providing quality and comprehensive criminal justice programing to the entire juvenile justice community of Delaware. On July the 19, 2004 The Honorable Ruth Ann Minner reestablished the Juvenile Justice Advisory Group through Executive Order Number 58.

SAG chair

Michael W. Arrington
Parkowksi, Guerke & Swayze, P.A.
800 King Street, Suite 203
Wilmington, DE 19801
Phone: 302-594-3333
Fax: 302-654-3033
marrington@pgslegal.com
Website

Organizational structure

Article IV - Council Executive Director and Staff, Section 1

(a) An Executive Director shall be appointed by and serve at the pleasure of a majority of the members of the Council. The Executive Director shall act as the secretary to the Council. The Executive Director shall be paid such compensation as shall be determined by the General Assembly.

Responsibilities of the Executive Director:

  1. Interpret objectives, priorities and direction given by the Council, the Federal Office of Justice Programs, and other groups and individuals influencing the operation of the agency.
  2. Interpret and enforce policies and procedures of the Council and the Federal Office of Justice Programs and its successors.
  3. Maintain liaison with the Governor's office and Legislature.
  4. Establish internal performance standards for the agency as a whole.
  5. Represent the agency to outside groups.
  6. Maintain contact with federal officials, the Congressional delegation, and with Executive Directors of criminal justice coordinating groups from other states.
  7. Maintain representation for the state in regional or national criminal justice organizations.
  8. Prepare final recommendations for allocation of federal and state funds.
  9. Direct the preparation and approval of the annual Comprehensive State Plan and its submission to the Council, the Governor, the General Assembly, and the proper federal agencies.
  10. Insure the necessary level of staff support to the Council in carrying out all of its functional responsibilities.
  11. Monitor the activity of all personnel.
  12. Review and approve all public information releases, as directed by the Chairperson.
  13. Approve selection of outside firms as consultants for agency operations.
  14. Direct the preparation of and approval of the annual operating budget.
  15. Approve all progress reports prior to submission to the federal government or the Council.
  16. Review and approve the disposition of audit exceptions.
  17. Provide leadership and management review control over all units within the agency.
  18. Maintain oversight on all grant adjustments and extensions.
  19. Maintain oversight of the subgrant cash flow operations.
  20. Direct the development of agency in-service and pre-service training programs.
  21. Maintain meeting schedules and supervise meeting notices and legal advertisements.
  22. Arbitrate disputes under certain sub-contracts.
  23. Serve on committees and task forces as assigned by the Council's chairperson.
  24. Provide administrative services to certain discretionary grants.
  25. Provide information upon request to other governmental agencies including the General Assembly as well as to the public and non-governmental bodies as resources allow.
  26. Review and approve or disapprove applications for the Council funding in approved program areas submitted by eligible applicants as designated by the Council.

(b) Staff personnel, hired through procedures of the State Merit System, shall report to the Executive Director and shall provide necessary supportive services to the Council, and to Standing and Special Committees, enabling the Council to draw up the Comprehensive Criminal Justice Council Plan, to develop programs, to provide program grants, to monitor and evaluate those programs and to perform such other duties as the Executive Director may designate.

(c) Staff personnel appointed by the Executive Director of the Council shall keep minutes of all meetings of the Council and its sub-committees and a record of all motions and votes.

Committees

Executive, DMC, and Ad hoc Committees as needed

Membership

  1. Michael Arrington, Esq, Chair
  2. Hon. Chandlee Johnson Kuhn
  3. Hon. Lawrence M. Sullivan
  4. Hon. Joseph R. Biden, III
  5. Sec. Valerie Woodruff
  6. Perry Phelps
  7. Carlyse Giddens
  8. Col. Rick Gregory
  9. Col. Thomas MacLeish
  10. Chief Kenneth McLaughlin
  11. Chief Michael Szczerba
  12. Dr. Ed Goate
  13. Dr. Wilma Mishoe
  14. Beverly Williams
  15. F. Brian Gimlet
  16. Franny Haney
  17. Dr. Tim Brandau
  18. David Woods
  19. Anthony W. Mangini, Jr.
  20. Erin McLaughlin
  21. Madison Gerdts
  22. Odette M. Fuentes
  23. Charles Marshall

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.

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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.