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Have Laws Against Domestic Violence Increased the Criminalization of Girls?

May 25, 2016 2:00-3:30pm Central Time

Presenters: Francine Sherman, Clinical Associate Professor; Director, Juvenile Rights Advocacy Project

Thank you for joining us today!

This project was supported by Grant No. 2015‐TA‐AX‐K027 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this (document/program/exhibit) are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

Have Laws Against Domestic Violence Increased the Criminalization of Girls?

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Francine Sherman

Intersectional Disparities

• 61% of incarcerated or confined girls are girls of

color.

• Girls of color are 2X as likely as white girls to be

incarcerated or confined.

• In 26 states and the District of Columbia the

placement rate for non‐Hispanic, Black females exceeded the rate for all other race and ethnic groups.

• Nationally non‐Hispanic, Black females are 33% of

incarcerated girls.

• 40% of detained girls : LBQ/GNCT

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• Jane Doe #1 is 15 years old with a history of

diagnosed ADHD and behavior problems at school and at home. Her parents recently split up and she’s been living primarily with her mother who is dating a man she does not like. Jane frequently argues with her mom about the boyfriend, household jobs and school behavior. One evening, she throws her cell phone at mom and runs to her room and she begins to tear things off the wall, threatening to hurt herself and her mom. Jane Doe #2: First entry into secure detention on 10/20/14 for an assault against her dad. Jane was released to the shelter alternative program pending her detention hearing. She had the detention hearing the next day and was ordered to the Alternative Family Engagement program on 10/21/14. Grandparents, who have temporary custody of her, came to visit Jane in the shelter and things went very well. Charges were reduced and she was adjudicated for disorderly conduct on 11/9/14 with orders to probation and individual/family therapy. She was on probation approximately 9 months with generally good reports. She was admitted to secure detention for a new assault charge on grandparents on 7/1/2015. She was released later that day to her mom and was later discharged from probation due to moving out of the County with mom.

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Number of Detained Youth by Fiscal Year and Gender

262 254 240 788 651 579 1050 905 819 FY 12 FY 13 FY 14 200 400 600 800 1000 1200 Female Male Grand Total T her e is an 8% decr ease for gir ls

as compar ed to a 26% decr ease for boys

*In FY 2014 the majority of girls detained came from the most economically challenged areas of Albuquerque and have the highest populations of girls of color.

Source: Gerri Bachicha, JDAI Site Coordinator, Bernalillo County, N.M., Unintended Consequences Roundtable, March 10‐11, 2016, Washington, DC.

34% 24% 18% 26% 42% 9% 28% 41% 13%

Assault/Battery Probation Violations Property 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% FY 12 FY 13 FY 14

T

• p T

hre e Offe nse Cate go rie s fo r De taine d Girls F Y12-14

Source: Gerri Bachicha, JDAI Site Coordinator, Bernalillo County, N.M., Unintended Consequences Roundtable, March 10‐11, 2016, Washington, DC.

FY 14: 116 Girls were arrested for Domestic Violence

Source: Gerri Bachicha, JDAI Site Coordinator, Bernalillo County, N.M., Unintended Consequences Roundtable, March 10‐11, 2016, Washington, DC.

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Source: Wendy Nussbaum, Adolescent Domestic Battery: Why so many girls?, Unintended Consequences Roundtable, March 10‐11, 2016, Washington, DC.

Girls make up 41% of ADB cases but only 34.4% (53/154) of the most serious typology, “Escalating ADB”

Males (n)= 221 Females (n)= 152

Source: Wendy Nussbaum, Adolescent Domestic Battery: Why so many girls?, Unintended Consequences Roundtable, March 10‐11, 2016, Washington, DC.

*National Survey of Children’s Exposure to Violence (NatSCEV), 2009; community populations, previous year ᵃNatSCEV 14‐17 year olds only (lifetime) ᵇNatSCEV lifetime ᶜNatSCEV Girls only (lifetime) 69% 69% 38% 13% 57% 9% 34% 52% 73% 71% 39% 25% 73% 12% 42% 50% 61% 37% 15% 12% 19% 1% 10% 64%

0% 20% 40% 60% 80%

Any Exposure Assault, no weapon or injury Assault, with weapon or injury Sexual Victimizationᶜ Child Maltreatmentᵇ Dating Violence Witnessing Family Assault Witnessing Community Assault ᵃ

Exposure to Violence (Potentially Traumatic Experiences)

NatSCEV* ADB Girls ADB Boys

Source: Wendy Nussbaum, Adolescent Domestic Battery: Why so many girls?, Unintended Consequences Roundtable, March 10‐11, 2016, Washington, DC.

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Developmental Juvenile Justice for Girls

• 1. Stop Criminalizing Behavior Caused by

Damaging Environments.

• 2. Engage Girls Families throughout the Juvenile

Justice Process.

• 3. Use Pre-Petition Diversion to Provide “Off-

ramps” from the Formal Justice System for Girls Living in Traumatic Environments.

• 4. Don’t Detain for Offenses and Technical

Violations that Pose no Public Safety Threat and are Environmentally-Driven.

Developmental Juvenile Justice for Girls

• 5. Use Trauma Informed Approaches to Improve

Court Culture for Girls

• 6. Adopt a Strengths-Based, Objective Approach

to Probation for Girls

• 7. Use Health Dollars to Fund Evidence-Based

Practices and Programs for Girls and Address Health Needs Related to their Trauma

• 8. Limit Secure Confinement, which is Costly,

Leads to Poor Outcomes and Re-Traumatizes Vulnerable Girls

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Developmental Juvenile Justice for Girls

• 9. Support Emerging Adulthood for Young

Women with Justice System Histories

Photo: Richard Ross