aecf-NoPlaceForKidsFullReport-2011

misdemeanors. Three-fourths of the youth incarceratedfor a misdemeanor had no prior adjudications.42 In South Carolina, only one of the top10 offenses resulting in correctional placementsin 2008–09 was a violent felony. Instead, themost common offenses were probation violationsand contempt of court. 43Why are juvenile courts sending so manylow-level offenders to correctional institutions?Available evidence and expert opinion point tofour driving factors:Lack of Programs and Services. Low-levelyouthful offenders are being placed into residentialprograms due to a widespread failurein most jurisdictions to invest in high-qualitycommunity-based programming for delinquentyouth. This dynamic, which plays out in statesand communities nationwide, was describedaptly in the 1990s by then-Governor ChristineTodd Whitman of New Jersey: “A judge in onecounty has many options to craft appropriateorders for young offenders. In the next countyover, especially if it is an urban county, a judgemay have very few options between probationand incarceration. That’s like choosing betweenaspirin or a lobotomy for a migraine.” 44Counterproductive Financial Incentives. Manylocal juvenile courts and probation agencies facestrong financial incentives to place youth in statecustody, rather than providing community-basedtreatment. Most states pay the full cost to incarceratejuveniles in state facilities. Meanwhile,in the 38 states where local courts or probationagencies oversee community supervision andtreatment programs, substantial state fundingis rarely provided. Thus, local juvenile justiceofficials often face a perverse choice between offeringcost-effective community-based programming(at considerable expense to local government)or committing youth to more expensive and lesseffective custody programs (at no local expense).Dumping Grounds. Juvenile corrections systemshave become the primary point of service foryouth with mental health conditions and otherserious disadvantages—youth who would bemore appropriately and effectively served byother human service systems.n Mental Health. “During the 1990s, state afterstate experienced the collapse of public mentalhealth services for children and adolescents andthe closing of many—in some states, all—oftheir residential facilities for seriously disturbedyouths,” explains Dr. Thomas Grisso, a leadingexpert on mental health and juvenile justice.“The juvenile justice system soon becamethe primary referral for youths with mentaldisorders.” 45n Public Schools. So-called “zero tolerance” policieshave caused a substantial increase in schoolsuspensions and expulsions in the past twodecades, as well as an alarming number of studentsbeing arrested and referred to the juvenilejustice system for disorderly behavior that wasonce considered routine and handled informallywithin the schools. Youth taken to court forminor offenses “generally get some sort of slapon the wrist, such as a few days of communityservice,” concluded a 2007 report from the Children’sDefense Fund, “but they also get a record.If the youth comes before the court again, thisoriginal charge likely will increase the penaltyand minor charges can add up over time.” 4614