March/April 2008

Making the Connection:
Racial Disparities Commission Finds Link between Juvenile Justice Policy and Overrepresentation of Minority Youth in System

The Governor’s Commission on Reducing Racial Disparities in the Wisconsin Justice System released its final report in February.  The Commission was created in the wake of a report by the National Council on Crime and Delinquency showing that Wisconsin leads the nation in the overrepresentation of minority youth in adult prison.  The Commission was directed by the Governor to both determine whether discrimination is built into the justice system and propose strategies for reducing racial disparities in the justice system. 

The Commission met for nine months and considered the testimony and recommendations of local and nation researchers, judges, the Department of Corrections, public defenders, district attorneys and other concerned citizens.  Public hearings held across the state gave other stakeholders the opportunity to share their experiences and suggestions.  WCCF testified at the Madison public hearing about the importance of returning 17-year-olds to the juvenile justice system and the need for better data collection. You can read our testimony online at http://www.wccf.org/pdf/testimony_jwy_reducingracialdispar_072407.pdf. 

Key Findings and Recommendations
The Commission made a host of recommendations, some of which would require legislative enactment; others could be implemented immediately through changes in agency policy or other informal means.  With regard to age of jurisdiction, the Commission found, “Once young people get a criminal record, even for minor offenses, they are subject to greater scrutiny and attention from the criminal justice system, and opportunities for educational progress and gainful employment lessen.”  The Commission recommended returning 17-year-olds to the original jurisdiction of the juvenile court, while keeping intact current waiver practices allowing the transfer of some serious cases to the adult system. 

Other recommendations included devoting more evidence-based resources to addressing mental health issues of juveniles; increasing the state’s commitment to wraparound; using school resource officers for prevention; and re-examining “zero tolerance” policies in the schools. 

The report clearly links the overrepresentation of minority youth in adult prisons to current juvenile justice policies. Some additional data tracking recommendations, if implemented, would help with future efforts to monitor how changes in juvenile policy affect kids of color. 

Next Steps
As of this writing, there has been no official response from the Governor’s office to the Commission’s report or any word on potential follow-up.  However, the state agencies most directly affected by the recommendations in the report—the Department of Corrections and Office of Justice Assistance--are reviewing the recommendations in an attempt to implement those changes that can be made without legislative action.  A bill to return 17-year-olds to the original jurisdiction the juvenile court was introduced in both houses. While the legislative session ended without significant progress on the bill in either house, they will likely be reintroduced at the beginning of next session. 

The Commission report is available online at www.equaljustice.wi.gov.