Transforming Juvenile Probation
The Casey Foundation shares its vision for transforming juvenile probation into a focused intervention that promotes personal growth, positive behavior change and long-term success for at-risk youth.
Probation plays a pivotal role in the juvenile justice system. More young people who enter the nation’s juvenile justice system wind up on probation than any other outcome. Every year, nearly half a million youth are given some form of probation, and more than half of them are youth never found delinquent in court or who commit status offenses ― conduct that would not be a crime if it were committed by an adult, such as skipping school or possessing alcohol.
Many common practices in probation are problematic or counterproductive. While juvenile probation practices vary widely from jurisdiction to jurisdiction, even officer to officer, the core element of the probation experience involves (1) a judge who imposes a list (often a long one) of rules and requirements that the young person must follow and (2) a probation officer who then keeps tabs on the youth to monitor compliance. When youth on probation disobey these rules — by failing a drug test, breaking curfew or missing appointments — they may be found in violation of probation and punished accordingly, up to and including incarceration.
Evidence shows that juvenile probation doesn’t work to reverse delinquent behavior. At its best, probation offers court-involved youth who would otherwise be confined the chance to remain in the community and participate in constructive and therapeutic activities. But despite the dedication and admirable intentions of probation professionals, probation often pulls young people deeper into the system without offering the support and guidance that would put them on the right path and reduce the likelihood of reoffending.
As the most common disposition, probation plays a large role in perpetuating the vast and continuing overrepresentation of African-American, Latino and other youth of color in juvenile justice. In 2017, the most current year for which data is available, 55% of all probation dispositions involved youth of color — far higher than their share of the total youth population (46%). Even more worrisome, 64% of young people held in residential custody in 2017 for a technical violation — which usually involves breaking probation rules rather than being charged with a new offense — were youth of color.
Surveillance-oriented probation lags behind knowledge of youth development. The developmental arc of the human brain shows why this heavy emphasis on surveillance and rule following does not succeed. The brain does not fully mature until age 25, and lawbreaking and other risky behaviors are commonplace during adolescence. Most youth grow out of lawbreaking without any intervention from the justice system.
Given research on adolescent behavior and brain development and evidence about interventions that consistently reduce delinquency, the knowledge exists now to get juvenile probation right.
The Casey Foundation shares its vision for transforming juvenile probation into a focused intervention that promotes personal growth, positive behavior change and long-term success for at-risk youth.
A short video produced by the Casey Foundation suggests how juvenile probation could get better outcomes for hundreds of thousands of young people.
A new report from the Casey Foundation lays out a vision of new and expanded priorities for juvenile probation in the United States.
The journal of the American Probation and Parole Association has dedicated an issue exclusively to the subject of juvenile probation. Read to learn about the five articles produced in collaboration with the Annie E. Casey Foundation.
Diversion holds youth accountable without resorting to legal sanctions, court oversight or the threat of confinement. Learn more about juvenile diversion programs here.
The Annie E. Casey Foundation has selected 16 state and local juvenile justice agencies and related organizations to conduct professional development based on the Reimagining Juvenile Justice curriculum, which aims to help frontline staff better support, divert and redirect youth to appropriate and fair justice options.
The Annie E. Casey Foundation is requesting proposals for two research projects that will inform efforts to transform juvenile probation. Learn more about these proposals.
Eight new webinar recordings describe effective juvenile justice practices amid the coronavirus pandemic. Watch the sessions here.
In response to the COVID-19 pandemic, juvenile justice systems across the country have reduced their use of unnecessary youth confinement — an outcome long advocated for by Annie E. Casey Foundation.
This report examines racial and ethnic data at state-level youth justice agencies. It documents inconsistent data categories and reporting practices among Hispanic and Latino youth. Read to find recommendations aimed at improving juvenile justice data.
