This FOCUS explores racial and ethnic disproportion in the juvenile justice system. A case study of Alameda County, California, examines Disproportionate Minority Contact (DMC) at various points in the system and its implications. The study is juxtaposed to other societal conditions to explore patterns and potential connections

Isami Arifuku

Sharan Dhanoa

English

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 FOCUSViews from the National Council on Crime and DelinquencyFebruary 2008Disproportionate Minority Contact:Alameda CountyDr. Isami ArifukuSharan DhanoaThis FOCUS will explore racial and ethnic dispropor-tion in the juvenile justice system. A case study of  Alameda County, California, examines Disproportionate Minority Contact (DMC) at various points in the system and its implications. The study is juxtaposed to other societal conditions to explore patterns and potential connections.Introduction Defi ning Disproportionate        Minority ContactDisproportionate minority contact (DMC) refers to the involvement of  a racial/ethnic group with the criminal or juvenile justice system at a proportion either higher or lower than that group’s proportion in the general popu-lation.*When fi rst coined nearly 20 years ago, the term DMC referred to disproportionate minority confi nement. In 2002, this terminology was revised to disproportionate minority contact. This change refl ects the need to ex-amine DMC at all decision points in the justice system, from arrest to disposition.*In measuring disproportion, the Relative Rate Index (RRI) compares the rate per 1,000 of  each group to a reference group. In most instances, and in this report, White is used as the reference group. “For every 100,000 Black juveniles living in the US, 754 were in custody in a juvenile facility on October 22, 2003.” The rate for Hispanics was 348 and for Whites, 190.Snyder & Sickmund, 2006.Views from the National Council on Crime and DelinquencyFebruary 2008The ResearchNCCD collected and analyzed Alameda County Pro-bation Department data as part of  the Correctional Standards Authority’s DMC Initiative. Representatives of  various public and private organizations, youth, and community members participated in an eight-month process to examine data, processes, programs, services, and experiences relating to the juvenile justice system in Alameda County, California. Unless otherwise noted, all data is from the Alameda County Probation Depart-ment. Alameda CountyAlameda County, located in the San Francisco Bay Area, includes large cities such as Oakland, Fremont, and Hay-ward. Alameda County is composed of  a very diverse youth population as can be seen in the following fi gure.In 2006 in California, while comprising 33% of the youth population ages 10-17, Latino youth represented over 50% of youth in Division of Juve-nile Justice (DJJ, formerly known as CYA), and 50% of youth tried as adults and sent to the California Department of Corrections and Rehabilita-tion.US Census Bureau, 2005; Offi ce of Juvenile Research, 2006.Note on the data labels in the following graphs and tables:  Racial abbreviations will be used throughout this report.  African American and Black—used synonymously AI/AN—American Indian/Alaskan Natives PI/NH—Pacifi c Islanders/Native Hawaiian API—aggregate of  Asians and Pacifi c IslandersHispanic26%Asian20%Other7%African American16%AI / AN0.4%White Non-Hispanic31%PI / NH0.5%White Non-HispanicHispanicAsianPI / NHAfrican AmericanAI / ANOtherAlameda County Youth Population Ages 10-17, 2005Sources: US Census Bureau, Data Summary File 3; US Census Bureau, 2005. General PopulationRace/Ethnicity # PercentWhite 47,591 31%Hispanic 40,097 26%Asian 31,009 20%African American 24,408 16%PI/NH 793 0.5%AI/AN 562 0.4%Other/2 or more races11,397 7%Total 155,295 101%              (due to rounding)2Views from the National Council on Crime and DelinquencyFebruary 2008 3Referrals to ProbationDisproportion by race exists at every decision point in the juvenile justice system in Alameda County. A referral to probation occurs when a youth is arrested and “offi cially” becomes part of  the juvenile justice system.Race/Ethnicity # Rate* RRI**African American 4313 177 7.6Hispanic 2093 52 2.2White 1111 23 1.0Asian 547 18 0.8PI/NH 75 95 4.1AI/AN 14 25 1.1Other 331 29 1.2Total 8484 54*Rate per 1000 of  total population**Relative Rate Index with White youth as comparison groupA referral to probation may result in a youth being booked into juvenile hall (detained) or given a notice to appear (NTA) in court. If  given an NTA, the youth is released to her parents or guardian and notifi ed that they must ap-pear before the probation department.Hispanic21%Asian4%PI / NH1%White9%AI / AN0.2%African American63%Other2%WhiteHispanicAsianPI/NHAfrican American AI/ANOtherRace/Ethnicity # Rate* RRI**African American 1440 59 14.0Hispanic 472 12 2.8White 201 4 1.0Asian 103 3 0.8PI/NH 22 28 6.6AI/AN 5 9 2.1Other/Unknown 51 4 1.1Total 2294 15Asian6%Hispanic25%PI / NH1%White13%AI / AN0.2%African American51%Other4%WhiteHispanicAsianPI / NHAfrican AmericanAI / ANOtherYouth Referrals to Alameda County Probation, 2006Youth Detained in Juvenile Hall, Alameda County, 2006The states vary in their methods of reporting data for Latinos/Hispanics. Some categorize Hispanic as an ethnicity, separate from all races, and include them in the White, Asian, or Black categories. This makes it diffi cult to compile credible national trend data and obscures disproportion for Whites and Latinos. Views from the National Council on Crime and DelinquencyFebruary 2008Race/Ethnicity Average Max. Min. #African American 25.7 282 0 1440Hispanic 20.3 173 0 472White 18.3 103 0 201Asian 21.6 149 0 103PI/NH 22.6 58 1 22AI/AN 17.8 58 1 5Other/Unknown 23.4 180 0 51Total 23.7 282 0 2294Juvenile HallOnce a youth is taken to detention by a law enforcement offi cer, several factors affect how much time a youth spends there. A detention risk assessment is admin-istered by the probation department and a detention hearing is held before a judge. If  either shows the youth should not be detained, he is released. Otherwise, the youth is held awaiting adjudication or placement. The table at right shows that the average time spent in deten-tion varies by race and ethnicity.Average Number of Days in DetentionFormal ChargesProbation offi cers determine whether to refer the case to the District Attorney (DA) for formal charges. If  the probation department does not send the case to the DA’s offi ce, the case may be handled informally or dis-missed. The distribution of  the 2,193 cases referred to the DA by the probation department appears below. Hispanic23%Other4%African American55%AI / AN0.1% White11%PI / NH1%Asian6%WhiteHispanicAsianPI/NHAfrican  AmericanAI/ANOtherJuvenile Cases Sent to the District Attorney, 2006Recall, Black youth represent 51% of initial referrals to probation; at the point of refer-ral to the DA their disproportion grows to 55%. In contrast White youth comprise 13% of referrals to probation, and 11% of cases referred to the DA.DispositionDisposition, commonly known as sentencing, occurs after the judge has determined that the charges fi led against the youth are true and decides what level of  threat the youth poses, whether to remove the youth from society or conditionally return them to the com-munity.Race/Ethnicity # Rate* RRI**African American 1216 282 1.3Hispanic 515 246 1.2White 235 212 1.0Asian 125 229 1.1PI/NH 18 240 1.1AI/AN 3 214 1.0Other/Unknown 81 245 1.2Total 2193 258*Rate per 1000 of  total population**Relative Rate Index with White youth as comparison group4Views from the National Council on Crime and DelinquencyFebruary 2008 5Informal Proba-tionRate/ 1000Noncustody PlacementRate/ 1000Camp SweeneyRate/ 1000Formal Supervi-sionRate/ 1000DJJ (CYA)Rate/ 1000African American 41 36 339 301 82 73 385 341 26 23Hispanic 12 29 90 221 27 66 167 410 4 10White 19 96 41 207 11 56 91 460 1 5Asian 4 37 23 213 8 74 47 435 2 19PI/NH* 1 59 6 353 1 59 4 235 0 0AI/AN* 0 0 0 0 1 333 2 667 0 0Other 2 42 5 104 1 21 29 604 0 0Total 79 41 504 264 131 69 725 380 33 17Youth Disposition by Race/Ethnicity* Due to the small numbers of  youth adjudicated, PI/NH and AI/AN have exaggerated rates.Note: Rate is based on total number adjudicated for each group.The least restrictive option is to return the youth home under informal or formal supervision. African American youth have the highest numbers, but one of  lowest rates of  receiving this sentence. Latinos are returned home least often.A more restrictive option is Camp Sweeney. All groups had relatively similar rates of  referral to ••Camp Sweeney, but African Americans have the highest number of  youth placed there. Black youth were over four times more likely than White youth to be incarcerated in a state DJJ facil-ity—the most restrictive option. Latinos are nearly twice as likely as White youth to receive this option.Three youth, all African American, were tried as adults.••Summary of Alameda County DataSome patterns emerge from the Alameda County Probation Department data. African Americans are dispropor-tionately represented at each stage of  the system, as are Latinos, although not to the same degree. Pacifi c Islanders have a small population, but are disproportionately overrepresented at some decision points in the juvenile justice system.Alameda   County PopulationTotal       ReferralsBookings Juvenile HallCases Filed with the DAFormal      SupervisionNoncustody Placement**Camp SweeneyDJJAfrican American 16% 51% 63% 55% 53% 67% 63% 79%Hispanic 26% 25% 21% 23% 23% 18% 21% 12%White 31% 13% 9% 11% 13% 8% 8% 3%Asian 20% 6% 4% 6% 6% 5% 6% 6%PI/NH * 1% 1% 1% 1% 1% 1% *AI/AN * * * * * * 1% *Other 7% 4% 2% 4% 4% 1% 1% *Total 100% 100% 100% 100% 100% 100% 100%*Less than 1%**Youth taken out of  the home and placed in a group home but not incarceratedViews from the National Council on Crime and DelinquencyFebruary 2008Factors Underlying Disproportionate Minority ContactFactors that infl uence DMC are the juvenile justice system itself, family dynamics, socioeconomic conditions, and education. There are differences among groups in vulnerability and exposure to factors that put youth at higher risk for offending from their earliest years.Juvenile JusticeSocioeconomicsEducationFamilyThe FamilyFamily characteristics impact DMC. A parent’s reduced fi nancial resources and limited supervision time for their children puts the child at higher risk of  offending. In general, a parent’s availability and ability to advocate for their child, once involved with the system, impacts the child’s outcome in adjudication and disposition. Parental involve-ment varies among ethnicities and is determined by a variety of  factors including trust of  authority, familiarity of  the system, language fl uency, and potential immigration issues. Youth in the foster system are considered at high risk for delinquency. 22%67%15%26%0%20%40%60%80%100%African American Hispanic White AsianPercent of Youth Living with Only One Parent          Alameda County, 2000Foster Care Prevalence Rates                                  Alameda County, 2005Source: US Census Bureau, Data Summary File 3. Source: Devine, Coolbaugh, & Jenkins, 1998. 5.01.035.43.47.40.010.020.030.040.050.0AfricanAmericanNative American Hispanic White AsianRate per 1000Juvenile Justice SystemThe juvenile justice system itself  affects DMC. Racial and ethnic bias may infl uence decisions made in the system. Insuffi cient diversion choices are available to police and probation offi cers to create options for youth make this situation worse. Inadequate integration between the juvenile justice system and the community tends to prevent meaningful collaboration.6Views from the National Council on Crime and DelinquencyFebruary 2008 7Socioeconomic Conditions Socioeconomics encompasses a multitude of  factors that impact quality of  life such as basic economics, opportunities, and resources for health, education, and employment. Certain ethnic groups are concentrated in low-income areas.41%19%14%8%0%10%20%30%40%50%African American Hispanic Asian WhitePercent of Youth Living Below Poverty Level                               Alameda County, 1999Source: US Census Bureau, Data Summary File 3.Economics impacts vital resources including libraries, public schools, and after-school programs. Daily crime sta-tistics show a spike in offenses during the after school hours. Fewer resources for low income youth and the preva-lence of  negative infl uences put them at increased risk. Physical Health The physical well being of  a child and the child’s fam-ily relates to the prevalence of  behavior that may led to truancy, arrest, and other negative consequences. A sick child or parent impacts a parent’s ability to be fi nancially responsible, keep steady employment, supervise and engage their youth, and mitigating emotional stresses. Health insurance plays a role in mortality and access to resources.In Alameda County “African Americans bear the greatest burden of illness and mortality… They have the lowest rates of up-to-date immunizations and high rates of low birth weight, chronic diseases, unintentional injury mortality and homicide, as well as drug- and alcohol-related hospitalizations. Latinos have the highest rates of teen births, and high rates of diabetes and obesity. Pacifi c Islanders have the highest rate of coronary heart disease mortality.”Alameda County Public Health Department, 2007.12.2%9.6%24.2%5.5%11.5%0%10%20%30%40%AfricanAmericanAsian Latino White Total CountyPercent UninsuredAlameda County, 2003-2005Source: Alameda County Public Health Department, 2007.Views from the National Council on Crime and DelinquencyFebruary 2008Substance AbuseSubstance abuse in a family is a risk factor, creating an environment in which a child is vulnerable to potential physical and psychological harms. 571380607295123195703313020406080100120140160AfricanAmericanAmericanIndianAPI Latino White All RacesRate per 100,000Alcohol Related Hospitalization Drug Related HospitalizationAlcohol and Drug Related Hospitalizations Alameda County, 2007Source: Alameda County Public Health Department, 2007.The research culminated in a report entitled, Findings and Recommendations from the Disproportionate Minority Con-tact Initiative, Alameda County, August 2006. It made the following fi ve broad recommendations for decreasing DMC in Alameda County’s juvenile justice System.  In addition, multiple  recommendations were made about how to begin to address these fi ve areas.Decrease number of  youth of  color referred to probation through early prevention, increased use of  diversion, and implementation of  other system changes.Decrease referrals of  youth 14 years and younger through age, gender, and culturally appropriate inter-ventions.Decrease referrals for warrants and probation viola-•••tions by increasing communication and support for youth on probation to comply with court require-ments and access to appropriate services.Decrease the number of  youth detained in juvenile hall by using detention alternatives as much as pos-sible.Increase resources to provide programs and ser-vices for youth for both prevention strategies and interventions once youth are in the juvenile justice system.Disproportionate Minority Contact is not the sole responsibility of  any one agency, it is a refl ection of  inequalities that are widespread throughout a commu-nity, and therefore need the cooperation of  all agencies dealing with these contributing factors. ••Recommendations for Reducing DMC ReferencesAlameda County Public Health Department (2007). Hospital council report 2007. Retrieved January, 2008 from www.urbanstrategies.org/programs/csj/documents/childabuse07-12.pdfAlameda County Violence Prevention Initiative (2007). Child abuse and neglect in Alameda County: A fact sheet. Retrieved November, 2007 from http://www.urbanstrategies.org/programs/csj/documents/ChildAbuse07-12.pdfDevine, P., Coolbaugh, K., & Jenkins, S. (1998). Disproportionate minority confi nement: Lessons learned from fi ve states.  Juvenile Justice Bulletin. Offi ce of  Juvenile Justice and Delinquency Prevention. Offi ce of  Juvenile Research, Information Systems Unit, OBITS (Dec. 31, 2006). Population Overview. Department of  Correction and Rehabilitation, Division of  Juvenile Justice.Snyder, Howard N., & Sickmund, M. (2006). Juvenile offenders and victims: 2006 national report. Washington, DC: U.S. Department of  Justice, Offi ce of  Justice Programs, Offi ce of  Juvenile Justice and Delinquency Prevention.U.S. Census Bureau (2005). 2005 American community survey.U.S. Census Bureau. United States census 2000: Data summary fi le 3. Retrieved August, 2007 using American FactFinder from http://factfi nder.census.gov8

Disproportionate Minority Contact: Alameda County

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Disproportionate Minority Contact: Alameda County

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