Juvenile Delinquency in Juvenile Delinquency in West VirginiaWest Virginia

Root, Affect, and Need for Root, Affect, and Need for ImprovementImprovement

Severin Condin

Purpose of this studyPurpose of this study

Juvenile Delinquency in West Virginia Juvenile Delinquency in West Virginia shows trends that highlight a disparity shows trends that highlight a disparity in social justice. This disparity is how in social justice. This disparity is how the system defines juvenile offenses, the system defines juvenile offenses, and juvenile offenders.and juvenile offenders.

Severin Condin

Objectives Objectives

Look at the current trends in poverty, Look at the current trends in poverty, affluenceaffluence

Compare the national averageCompare the national average Examine the current juvenile justice Examine the current juvenile justice

system (4 different departments)system (4 different departments) Look at the WV juvenile offender Look at the WV juvenile offender

rehabilitation actrehabilitation act Analyze trends in WV society to Analyze trends in WV society to

discover strengths and weaknessesdiscover strengths and weaknesses

Severin Condin

West Virginia PovertyWest Virginia Poverty

West Virginia has the Lowest Income West Virginia has the Lowest Income rate in the US.rate in the US.

24% of all juveniles in West Virginia 24% of all juveniles in West Virginia live below the Poverty level.live below the Poverty level.

National average is 17% children National average is 17% children living below poverty.living below poverty.

46% of WV children living in low 46% of WV children living in low income families live with a single income families live with a single parent.parent.

Severin Condin

Juvenile Correction system is Juvenile Correction system is divided into 4 Entitiesdivided into 4 Entities

CJS: Division of Criminal Justice Services, primarily responsible for grant funding.CJS: Division of Criminal Justice Services, primarily responsible for grant funding.

DOJS : Department of Juvenile Services, in charge of correctional facilities and DOJS : Department of Juvenile Services, in charge of correctional facilities and detention centersdetention centers

Supreme Court, handles all probation and parole servicesSupreme Court, handles all probation and parole services

WVDHHR: West Virginia Department of Human Health and Resources; follow and WVDHHR: West Virginia Department of Human Health and Resources; follow and enforce WV Article 5b (5). West Virginia Juvenile Offender Rehabilitation Act. § 49-enforce WV Article 5b (5). West Virginia Juvenile Offender Rehabilitation Act. § 49-5B-2.5B-2.

Jackie Smelser

Current Juvenile Offense definitionCurrent Juvenile Offense definition

Delinquent act:Delinquent act: Is any act committed by a juvenile that Is any act committed by a juvenile that

would be against the law if committed by would be against the law if committed by an adultan adult

Status Offense:Status Offense:Any act committed by a juvenile that is not Any act committed by a juvenile that is not

against the law if committed by an adult, against the law if committed by an adult, e.g. (Truancy, Running away from home, e.g. (Truancy, Running away from home, or underage consumption of alcohol)or underage consumption of alcohol)

Jackie Smelser

Child Welfare. Article 5b (5). West Virginia Child Welfare. Article 5b (5). West Virginia Juvenile Offender Rehabilitation Act. § 49-5B-2. Juvenile Offender Rehabilitation Act. § 49-5B-2.

(current through the end of 2004 )(current through the end of 2004 )

"Assuring each child care, safety and guidance; Serve the mental "Assuring each child care, safety and guidance; Serve the mental and physical welfare of the child; and physical welfare of the child; Preserve and strengthen the Preserve and strengthen the child's family tieschild's family ties; Recognize the fundamental rights of children ; Recognize the fundamental rights of children and parents; and parents; Adopt procedures and establish programs that are Adopt procedures and establish programs that are family-focused rather than focused on specific family membersfamily-focused rather than focused on specific family members, , except where the best interests of the child or the safety of the except where the best interests of the child or the safety of the community are at riskcommunity are at risk; Involve the child and his or her family or ; Involve the child and his or her family or caregiver in the planning and delivery of programs and services; ) caregiver in the planning and delivery of programs and services; ) Provide services that are community-basedProvide services that are community-based, , in the least restrictive in the least restrictive settings that are consonant with the needs and potentials of the settings that are consonant with the needs and potentials of the child and his or her familychild and his or her family; ; Provide for early identification of the Provide for early identification of the problemsproblems of children and their families, and respond appropriately of children and their families, and respond appropriately with measures and services to prevent abuse and neglect or with measures and services to prevent abuse and neglect or delinquency; delinquency; Provide a system for the rehabilitation of status Provide a system for the rehabilitation of status offenders and juvenile delinquentsoffenders and juvenile delinquents; ; Provide a system for the Provide a system for the secure detention of certain juveniles alleged or adjudicated secure detention of certain juveniles alleged or adjudicated delinquentdelinquent; ) ; ) Provide a system for the secure incarceration of Provide a system for the secure incarceration of juveniles adjudicated delinquent and committed to the custody of juveniles adjudicated delinquent and committed to the custody of the director of the division of juvenile services; and Protect the the director of the division of juvenile services; and Protect the welfare of the general public.”welfare of the general public.”

Jackie Smelser

Closer look at WV Legal codeCloser look at WV Legal code Pro Juvenile Literature: Pro Juvenile Literature: Serve the mental and physical welfare of Serve the mental and physical welfare of

the childthe child Pro family Literature:Pro family Literature: Preserve and strengthen the child's family Preserve and strengthen the child's family

ties; Recognize the fundamental rights of children and parents; ties; Recognize the fundamental rights of children and parents; Adopt procedures and establish programs that are family-focused Adopt procedures and establish programs that are family-focused rather than focused on specific family members, Provide services rather than focused on specific family members, Provide services that are community-based, in the least restrictive settings that are that are community-based, in the least restrictive settings that are consonant with the needs and potentials of the child and his or her consonant with the needs and potentials of the child and his or her family; Provide for early identification of the problems of children family; Provide for early identification of the problems of children and their families, and respond appropriately with measures and and their families, and respond appropriately with measures and services to prevent abuse and neglect or delinquency,services to prevent abuse and neglect or delinquency,

Pro incarceration Literature: Pro incarceration Literature: Adopt procedures and establish Adopt procedures and establish programs that are family-focused rather than focused on specific programs that are family-focused rather than focused on specific family members,family members, except where the best interests of the child or the except where the best interests of the child or the safety of the community are at risksafety of the community are at risk; Provide a system for the secure ; Provide a system for the secure detention of certain juveniles detention of certain juveniles alleged or adjudicated delinquentalleged or adjudicated delinquent; ) ; ) Provide a system for the secure incarceration of juveniles Provide a system for the secure incarceration of juveniles adjudicated delinquent and committed to the custody of the director adjudicated delinquent and committed to the custody of the director of the division of juvenile services; and Protect the welfare of the of the division of juvenile services; and Protect the welfare of the general public.”general public.”

Unclear: Unclear: Provide a system for the rehabilitation of status offenders Provide a system for the rehabilitation of status offenders and juvenile delinquentsand juvenile delinquents

Jackie Smelser

Need for StudyNeed for Study

What changes have taken place since 2004?What changes have taken place since 2004? How are the new or unchanged programs How are the new or unchanged programs

and statutes working?and statutes working? Which areas in the state need more or less Which areas in the state need more or less

attention if any?attention if any?

Jackie Smelser

West Virginia TrendsWest Virginia Trends

Easy Access to FBI Arrest Statistics: 1994-2002 Percent of all arrests involving persons under age 18 in West Virginia

VS.

Easy Access to FBI Arrest Statistics: 1994-2002 Arrest rate of persons under age 18 (per 100,000 persons age 10 to 17) in West Virginia

Scott McClarin

y = -0.0046x + 0.1196

R2 = 0.4563

0.00%

2.00%

4.00%

6.00%

8.00%

10.00%

12.00%

14.00%

1994 1995 1996 1997 1998 2001

Rate of Arrests for under 18 drug posession

y = 22x + 133.6

R2 = 0.8169

0

50

100

150

200

250

300

1994 1995 1996 1997 1998

Arrest rate can be shown to correlate with decline in percent of under 18 occurrences of drug related arrests and offenses.

• What is typical social pressure to increased arrests?• Is the slope and rate of change equivalent?• What if the arrest rate had little effect?• what could be inferred?

Arrest Rate Percent of all sub 18 arrested

Scott McClarin

PROBLEM?PROBLEM?

y = 0.0004x + 0.0095R2 = 0.0475

0.00%

0.20%

0.40%

0.60%

0.80%

1.00%

1.20%

1.40%

1.60%

1994 1995 1996 1997 1998 2001

Arrest rate for underage drunk driving Percent of all sub 18 arrested for drunk driving

-OR-

Arrest rates for sub 18 drunk driving

y = 8.2x + 27.2

R2 = 0.5384

0

10

20

30

40

50

60

70

80

1994 1995 1996 1997 1998

year

perc

ent o

f tot

al ar

rests

Rate of Under 18 LiquorLaw Arrests

y = 40.6x + 69.8R2 = 0.9297

0

50

100

150

200

250

300

1994 1995 1996 1997 1998

Percent of Under 18 arrests for Liquor Law offenses

y = -0.0007x + 0.1577R2 = 0.0029

0.00%

2.00%

4.00%

6.00%

8.00%

10.00%

12.00%

14.00%

16.00%

18.00%

20.00%

1994 1995 1996 1997 1998

Arrest rate liquor laws % of all Sub 18 liquor law arrests

Scott McClarin

Rate of Under 18 LiquorLaw Arrests

y = 40.6x + 69.8R2 = 0.9297

0

50

100

150

200

250

300

1994 1995 1996 1997 1998

Percent of Under 18 arrests for Liquor Law offenses

y = -0.0007x + 0.1577R2 = 0.0029

0.00%

2.00%

4.00%

6.00%

8.00%

10.00%

12.00%

14.00%

16.00%

18.00%

20.00%

1994 1995 1996 1997 1998

Arrest rate liquor laws % of all Sub 18 liquor law arrests

Recent policy changes may be responsible for this skewed data trend, as Under 18 alcohol consumption is not considered deviant in the state of West Virginia in fact it is not even considered a minor offense!Additionally as a result Juveniles are not arrested or fined for such activities since underage drinking Is overlooked as a gateway substance for Juvenile crime. Juveniles Are referred to DHHR (DEPT OF HEALTH AND HUMAN RESOURCES)

Scott McClarin

Interesting Trends

Alternative programsAlternative programs

type of disorder and societal structure type of disorder and societal structure must be identified. must be identified.

populations with most issues involving populations with most issues involving Juvenile alcohol would benefit from Juvenile alcohol would benefit from

addressing the issue of alcohol addressing the issue of alcohol possession and consumption by Minors. possession and consumption by Minors.

Drunk Driving of minors 16-18 is also Drunk Driving of minors 16-18 is also important to address appropriately important to address appropriately

because it affects society as a whole. because it affects society as a whole. Repeat high status offenders could be Repeat high status offenders could be

detained indefinitely if they were detained indefinitely if they were determined to be chronically delinquent determined to be chronically delinquent

and harmful to society, rather than and harmful to society, rather than released into the public before 21 to be released into the public before 21 to be

re-arrested for adult crimes.re-arrested for adult crimes.Scott McClarin

SourcesSources Easy Access to FBI Arrest Statistics: 1994-2002 Easy Access to FBI Arrest Statistics: 1994-2002

http://ojjdp.ncjrs.org/ojstatbb/ezaucr/http://ojjdp.ncjrs.org/ojstatbb/ezaucr/

Adolescent Health Adolescent Health December 25, 2003December 25, 2003 Motherhood lessens teen Motherhood lessens teen delinquency, study shows delinquency, study shows ©Copyright 2003, Women's Health Weekly via ©Copyright 2003, Women's Health Weekly via NewsRx.comNewsRx.com & & NewsRx.netNewsRx.net

Howell, J.C., & Hawkins, J.D. (1998). Howell, J.C., & Hawkins, J.D. (1998). Prevention of youth violencePrevention of youth violence. In M. . In M. Tonry & M.H. Moore (Eds.), Youth Violence. (pp. 263-315). Chicago, IL: Tonry & M.H. Moore (Eds.), Youth Violence. (pp. 263-315). Chicago, IL: University of Chicago PressUniversity of Chicago Press

Latimer, Jeff. Latimer, Jeff. Multisystemic Therapy as a Response to Serious Youth Multisystemic Therapy as a Response to Serious Youth DelinquencyDelinquency, Canada Dept. of Justice, 2005. On the web at: , Canada Dept. of Justice, 2005. On the web at: http://canada.justice.gc.ca/en/ps/yj/research/research.htmlhttp://canada.justice.gc.ca/en/ps/yj/research/research.html

Roberts, A.R., & Camasso, M. (1990). Roberts, A.R., & Camasso, M. (1990). The effect of juvenile offender The effect of juvenile offender treatment programs on recidivismtreatment programs on recidivism: A meta-analysis of 46 studies. Notre : A meta-analysis of 46 studies. Notre Dame Journal of Law, Ethics, and Public Policy, 5, 421-441.Dame Journal of Law, Ethics, and Public Policy, 5, 421-441.

West Virginia Code, 1966 Chapter 49. West Virginia Code, 1966 Chapter 49. Child WelfareChild Welfare, Article 5b. West , Article 5b. West Virginia Juvenile Offender Rehabilitation Act. § 49-5B-2.Virginia Juvenile Offender Rehabilitation Act. § 49-5B-2.

Scott McClarin