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Alaska
Justice Forum
11(3), Fall 1994
Issue
contents | Complete
issue in Adobe Acrobat PDF format
Abstract: Juveniles are detained for a variety
of reasons in facilities of all types throughout Alaska. During
1993, there were 1552 detention events involving 1023 youths,
who spent a total of 21,452 days in detention. This article analyzes
these detention events using data collected during monitoring
of Alaska's compliance with the Juvenile Justice and Delinquency
Prevention Act. Age, sex, and race of detained juveniles are
examined, as are the types of facilities where juveniles were
held and the offenses for which they were held.
Juvenile
Detention in Alaska, 1993
N.E. Schafer and Richard W. Curtis
In Alaska juveniles are detained
for a variety of reasons in facilities of all types throughout
the state. Some may have been arrested on criminal charges and
are awaiting juvenile court hearings; others may have been detained
for their own protection (e.g., under Title 47, which permits
incarceration of both juvenile and adult inebriates for their
own protection for up to twelve hours or until sober). Many are
held for very brief periods; all must have a hearing within 48
hours. Those who are detained in adult facilities (jails and
lockups) are usually released within hours to a responsible adult
or, if a longer period of detention is warranted, they are transferred
to a facility which detains only juveniles. This article provides
a preliminary examination of 1552 instances of detention in Alaska
during calendar year 1993, using the amount of time spent in
detention as a basis for comparing different detention events.
The data for this study were collected
by the Justice Center in the process of monitoring the state's
compliance with the mandates of the Juvenile Justice and Delinquency
Prevention Act. The data, collected on behalf of the Division
of Family and Youth Services, include the date and time of admission;
date and time of release; the juvenile's date of birth, sex and
race; and the reason for the detention (charge). This information
was entered each time a juvenile was detained in a juvenile detention
center or holdover facility or held formally in an adult jail
or lockup. (Juveniles who were booked and released from adult
facilities were not included in the data set.) The data missing
from adult lockups are thought to be minimal, since many village
lockups are rarely used to detain either adults or juveniles.
Lockups which did report information accounted for only 45 detention
events -- 2.8 per cent of the total. We posit that the 48 non-reporting
lockups would account for no more detention events than did the
reporting lockups. (It is probable that they would actually account
for fewer.)
Because of reports of crowding
in detention units during 1993, we have used the admission/release
time data to determine the number of days involved in detaining
juveniles in Alaska. Our analysis uses detention length to compare
a variety of factors in the data set.
A general picture of detention
is provided in Table 1, indicating that 1552 detention events
were recorded between January 1 and December 31, 1993. Names
of juveniles were not included in the data set for reasons of
confidentiality, but we were able to combine initials and birthdates
(to which we added gender as a check) to determine the number
of individuals involved in these instances of detention. We found
that there were 1023 youths detained during 1993. Hence, many
were detained at least twice. Indeed, only 716 youth had only
one detention in 1993 (although some of these might have been
detained in previous years); 178 experienced two detentions in
1993; 73 experienced three; 38, four; 10, five; one, six; 5,
seven; and 2 accounted for nine detention events during the year.
Since each detention event was recorded, it should be noted that
two events would be recorded for a single juvenile who was transferred
from an adult facility to a juvenile detention facility -- the
first in the records of the adult facility and the second in
the records of the juvenile facility.
From the data on date and time
admitted and date and time released we computed the length of
stay in hours for each detention, summed these, and divided by
24 to find that 1023 youth spent a total of 21,452 days in detention.
The average length of stay for each instance of detention was
13.82 days, with a range from 0 to 267.7 days. Because the long
range skews the distribution, we also provide the median length
of stay per detention (1.9 days). This is the midpoint: half
the detentions were longer and half were shorter.
Table 1 also describes detention
length as related to the demographic variables of gender, age
and race. (Some events are missing from totals because the gender
or race was not recorded.) The data on gender show that 767 boys
accounted for 1174 instances of detention while 234 girls accounted
for 356. Boys account for 75 per cent of all detentions recorded
and for 83 per cent of the days spent in detention. Age data
reveal an interesting anomaly: fifteen-year-olds are the smallest
group of individuals and account for the fewest detention events
of all age categories, but their mean length of stay is considerably
longer than that of the other age groups and their median is
higher as well.
Forty-three per cent of detention
events were accounted for by 462 white youth and 30 per cent
were accounted for by Alaska Native youth. Racial data also exhibit
an interesting anomaly: the detentions of the smallest racial
categories (Black, Hispanic, and Asian/Pacific Islander) tend
to be longer in duration than those of either whites or Alaska
Natives. Though African-American youth account for only 8.5 per
cent of all detentions recorded, they account for 10 per cent
of the total number of days spent in detention. The median length
of detention when black youth were involved was four days --
a higher median than any other racial category and twice as high
as the medians for whites and Alaska Natives. Our data provide
no basis for explaining either the racial differences or those
tied to fifteen-year-olds.
Where were the 21,452 detention
days actually spent? In all, 35 facilities across the state reported
detaining juveniles. As Table 2 shows, 92 per cent of detention
days were spent in facilities whose responsibility it is to detain
juveniles (detention centers and juvenile holdover facilities).
Adult facilities (jails and lockups combined) recorded 118 detentions,
all of which consumed only 33.2 days.
Alaska's largest juvenile facility,
McLaughlin Youth Center in Anchorage, recorded 791 detentions.
Although this is only 51 per cent of the total number of detention
events in the state (1552), these detentions consumed 61 per
cent of the total detention days (13,043.2 of 21,452 days). It
is therefore not surprising that McLaughlin experienced some
crowding of its detention unit during 1993. The mean lengths
of stay at both Bethel Youth Center and Johnson Youth Center
in Juneau were longer than that at McLaughlin (16.5 days) and
Johnson's median was greater as well. Johnson accounted for 13
per cent of the total detention days but only 10 per cent of
total detention events. Fairbanks Youth Center's 3,130.57 detention
days are less than 15 per cent of the total, yet Fairbanks recorded
17 per cent of the events. While the data do not provide any
basis for explaining these regional differences, we might speculate
that they can be accounted for by differences in decision-making
and by differences in the kinds of reasons for which youth are
detained.
It is important to our understanding
of juvenile detention to know the reason for each instance of
detention as reported. When more than one reason (charge) was
given, we entered into our data only the most serious charge.
Thus a detention which recorded a probation violation for an
assault and possession of a controlled substance was entered
as an assault.
We have categorized the reasons
for these 1993 detention into several categories; some are conventional
(offenses against persons, offenses against property), while
others are not normally used in studies of offense behavior.
These categories are listed in Table 3. We were interested in
the number of detentions involving status offenses (behaviors
which are illegal only because of one's youth) and in protective
custody detentions because of federal guidelines.
Although there has been a general
perception that juveniles in Alaska are becoming increasingly
violent, the detention data for 1993 show relatively few detentions
for violence. Only 16.6 per cent of all detention events were
for offenses against persons, a category that included assault
(205 detentions), robbery (27 detentions), sexual assault (9
detentions), murder (7 detentions) and others. Detentions for
these charges resulted in 4797.6 detention days, 22.3 per cent
of all detention days. Although the mean length of stay for violent
offenses was greater than that for property offenses, the median
is slightly shorter.
Property offenses were the reason
for 21.6 per cent of all detention events (N=333) and accounted
for 21.5 per cent of total detention days. Seventy-five of these
events were for theft and 100 for criminal mischief (often vandalism).
The category of public order offenses
includes possession of a controlled substance (17 events) as
well as disorderly conduct (5 events), weapons offenses, etc.
These account for a very small proportion of the total number
of events (5.9%) and consume an even smaller proportion of detention
days (3.3%).
Status offenses, even though they
include minor consuming alcohol, form a very small portion of
total detention events. The Justice Center at the University
of Alaska Anchorage has found that Alaska juveniles who have
been drinking are more likely to be detained under Title 47 (a
protective custody category) than under delinquency statutes.
This category, however, comprises only 8.2 per cent of all detention
events and includes protective custody for mental reasons as
well. Although Title 47 permits holding inebriates for up to
12 hours, both the mean and median for this offense are 6 hours,
with a range of .017 to 2.6 days.
Probation violations account for
a larger proportion of detention days than any other category
analyzed (38.7%), although they account for only 23.5 per cent
of all of the detention events. The median number of days for
probation violations (the point at which half of the detentions
are longer and half shorter) is considerably greater than that
of any other of our categories. These detention events require
some explanation and further analysis.
When a juvenile is detained for
violation of probation, a specific reason may or may not be recorded
in the data available to us. For the 362 detention events under
discussion, no reason was provided for 152 events (41.9%). Of
the remainder, 200 detentions (55.1%) were for technical violations
(violations of the conditions of probation) and ten events were
recorded with a new charge which was not specified. (These 362
events did not include 77 probation violation events where the
charge was specified: these were included under the offense category
appropriate to the charge.) We should note that a probation violation
may include what would have been a criminal charge if it had
come to the attention of police. A failed urinalysis test, for
example, may result in a violation, but not in a charge of possession
of a controlled substance.
Probation violators probably contribute
to the group of individuals who accounted for more than one detention
in 1993, because they have already been processed into the system
for delinquent behavior and are by definition repeat offenders.
Some, in fact, may be chronic offenders.
A juvenile who is detained for
a probation violation (or for any reason) must have a hearing
within 48 hours. At this arraignment the charges are presented
and a date for a disposition hearing is set. If the youth is
a chronic offender, is a danger to himself or others, or has
a history of leaving placement, the probation officer may recommend
that the youth be detained until disposition. Juveniles in detention
must have a disposition hearing in thirty days -- a period which
can be continued under certain circumstances. First offenders,
on the other hand, will not have a history and may be released,
pending adjudication or disposition, to an adult in well under
48 hours. In all, a youth on probation might be detained for
32 days, a number which helps to explain the longer total, mean
and median detention days in Table 3.
Though we have characterized probation
violators as repeat, or even chronic, offenders it is difficult
to determine how many individuals were responsible for the probation
violations in 1993. We can determine from our data that for 179
juveniles a probation violation was the reason for their first
detention in 1993 and that 77 of these were detained at least
once more in 1993. Twenty-one of the 77 were detained three times
during the year and 13 were detained four to nine times. However,
the reasons for their subsequent detentions may or may not be
continued violations of probation.
Two other categories are likely
to have involved multiple detentions in 1993: the internal category
and the warrant category. The category labeled internal comprises
detention events based on reasons internal to the (juvenile)
facility and includes medical transfers and transfers for programmatic
reasons, which would result in an individual being logged in
multiple times. (These 81 detention events appear to be the only
ones over which detention center officials themselves might exert
some influence.) The internal detentions consume only 4.2 per
cent of all detention hours.
Warrants are issued after a juvenile
has failed to do what the court has directed him or her to do.
The warrant category includes failure to appear, traffic offenses,
etc. (Warrants tied to probation violations have been included
in the probation violation category.) Detention events based
on warrants from the court consumed 1505.5 detention days in
1993, a considerable proportion of the total (7.0%).
This article has focused on the
amount of time consumed by detaining Alaska juveniles in 1993:
1023 juveniles were held for a total of over 21,000 days. This
figure may have value in assessing the use of resources within
the juvenile justice system and for comparing the use of different
facilities for different purposes. The use of detention length
to compare detention by gender, age, race, etc. has identified
some differentials which officials might want to explore. Although
it is beyond the scope of this article to assess costs, it is
clear that the total of 21,452 detention days does consume resources.
If detention units are crowded, health and safety issues arise
in addition to increased demand for resources. It can be noted
that very few detention days were spent in adult facilities;
hence, the state is essentially in compliance with that aspect
of federal regulation which prohibits juveniles from being held
in adult facilities.
Because there are other ways of
examining detention in Alaska, it is our intention in a future
article to examine trends in juvenile detention using five years
of detention data.
N.E. Schafer is a professor
at the Justice Center. Richard W. Curtis is a Justice Center
research associate.
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