| |
Alaska
Justice Forum
12(1), Spring 1995
Issue
contents | Complete
issue in Adobe Acrobat PDF format
Abstract: Detention data collected during Juvenile
Justice and Delinquency Prevention Act compliance monitoring
is examined to describe juvenile detentions in Alaska for the
five years from 1989 to 1993. Reason for and frequency of detention
and characteristics of detainees, including race and sex, are
discussed. Particular attention is given to repeat offenders,
defined as individuals detained six or more times during the
five-year period.
Detention
of Juveniles in Alaska: Preliminary Report
N.E. Schafer and Richard W. Curtis
Introduction
In a previous article ("Juvenile
Detention in Alaska, 1993", Fall 1994) we examined 1993
detention data collected under the auspices of the Division of
Family and Youth Services. In that article we paid particular
attention to the utilization of detention in Alaska, and we found
that length of detention varied among racial and ethnic groups
and that length of detention was longer for probation violation
events than for most other charges.
For this article we make use of
five years of detention data. Although 1989 information is less
than complete, our analysis uses 1989 as the base year. Data
for the remaining years are considerably more reliable. They
include every instance of detention where the juvenile was held
for more than 45 minutes.
The information includes: the date
and time of admission; the date and time of release; the juvenile's
date of birth, sex and race; and the reason for the detention.
This information was entered each time a youth was detained in
a juvenile detention 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 primary data collected were
detention events, not individuals. Because of internal transfers
from facility to facility within the overall system, one incident
requiring detention may result in multiple detention events being
included in the data set.
Reasons for Detention
The reasons for the detention
events are of particular interest. We have categorized reason
for detention (charge) for ease of comparison. Some of these
categories are conventional (e.g., crimes against person, property
crimes, etc.) and some less so. We were particularly interested
in status offenses and in detentions for protective custody.
(Alaska statutes require police to take inebriates into custody
for their own protection.)
The number and per cent of detention
events associated with the different charge categories are displayed
in Table 1. Two categories accounted for the most detentions
in every year but 1989: property offenses and probation violations.
Together these two reasons for detention account for 43.1 per
cent of all detentions in the data set.
Detentions for property offenses,
although they have constituted a substantial portion of all detentions
since 1990, exceeding probation violations in 1990 and 1993,
do not show a pattern. The numbers dropped in 1991 and 1992 from
322 events in 1990 and then jumped to 367 in 1993.
The table suggests that there has
been a steady increase in detentions for crimes against persons.
Within this category, murder accounted for very few instances
of detention, although there was an increase in this crime from
one in 1990 to three in 1991, five in 1992 and seven in 1993,
for a total of 16 in all five years. There was only one detention
for manslaughter -- in 1991. The 682 instances of detention for
crimes against persons included 62 charges of sexual assault
-- less than 10 per cent of the total. The majority of these
charges for crimes against persons involved assault (N=565),
which showed an almost 100 per cent increase between 1990 and
1993. In 1990, this charge was associated with 6.9 per cent of
all reasons for detention; in 1993, these events constituted
13.2 per cent of all detention events.
Status offenses constituted a negligent
proportion of the total number of detentions in the combined
data set, and in each year after 1989 constituted a decreasing
proportion of the total, reflecting the impact of concerted efforts
by the state to reduce detentions on these charges. Detentions
for reasons of protective custody did not show a pattern, but
they constituted fewer detention reasons than we had predicted.
Data on Individuals
Because we wished to look at
information about individuals, not just detention events, we
combined personal identifiers included in the data with date
of birth, thus reconfiguring the event data as individual data.
Since combining data from five years into a single data set resulted
in some missing data, totals may vary according to the variables
under discussion. During the five years a total of 6931 detentions
were experienced by 3393 Alaska juveniles -- more than two events
per person. Clearly, there were a number of recidivists in our
data; this group is of particular interest and will be examined
in detail, particularly because of the possibility of several
records based on a single charge (transfers).
Our descriptions of the individuals
involved in the detention events begin with Table 2, which provides
demographic data by year of detention for individuals. We should
note that the recording of demographic data improved over the
five years. Gender was omitted from about one-third of the records
in 1989 and race was omitted from approximately two-thirds. (The
age data are accurate for all years, since date of birth determined
entry into the data set for each year.) However, we were able
to extract gender and race data for individuals if the individual
appeared more than once in the data set, considerably reducing
the missing information.
Because each year in the table
was computed as a separate file, the number of individuals detained
in each separate year is accurate, but one cannot add the numbers
for each year into a total since some juveniles appear from year
to year. There are, therefore, fewer individuals in the five-year
data than annual addition would provide. We computed the totals
column separately, counting individual juveniles in the combined
data set only once, regardless of when or how often each appeared
in the five-year period.
The age data, which contain very
little missing information, show that 17-year-olds constituted
the largest proportion of detainees in every year, with 16-year-olds
consistently constituting the second-largest proportion.
For each year after 1989, two to
three males were detained for each female detained. These proportions
are not particularly unusual when compared with other kinds of
juvenile data elsewhere, though national arrest data suggest
proportions closer to four to one for youth and eight or nine
to one for adults.
The data on race in Table 2 show
that whites and Alaska Natives form the bulk of all juveniles
detained every year. Alaska Natives appear to be overrepresented
among detained youth for the two years (1992 and 1993) for which
race data are nearly complete. They constituted less than 20
per cent of the combined white/Native population of 10 to 19-year-olds
in the total state population (Alaska Department of Labor, Alaska
Population Overview, 1991), but they were more than 30 per cent
of all detainees in 1992 and 28.6 per cent of all detainees in
1993. White youth were less than 50 per cent of detainees in
both years.
Frequency of Detention
For each separate year, the
average number of detentions per juvenile was 1.5 to 1.7. For
the total data set, which carried individuals from year to year,
the average was closer to two (1.91 detentions per person). When
we examined the full data set we found that 62.5 per cent of
the individuals appeared only once in 5 years (N=2121). This
does not, of course, indicate that these 2000-plus juveniles
offended only once. Those whose last detention of many was in
1989 would be included in this figure, as would those whose first
of many occurred in 1993. Of the remaining juveniles, 563 appeared
twice in the data set; 284, three times; 182, four times; 99,
five times; and 144, six or more times. The individual record
for frequency of detention during the five years was 27 times.
Table 3 presents data on detention
frequency by the demographic characteristics of age, race, and
gender. Proportionately more African American youth appeared
in our data set more than once (47.5%) than any other race category,
followed by Alaska Natives (46.9%). The frequency with which
males and females appeared in the data set was proportionally
similar for each frequency category, with males slightly less
likely to appear only once and slightly less likely than females
to appear six or more times. For both race and gender, the amount
of missing data may affect these proportions, though we can probably
assume that the missing race and gender data would approximate
the distribution of known race and gender.
Repeat Offenders
Because so many youth appear
in the data multiple times, we have looked more closely at the
144 juveniles who appeared in the data set six or more times,
a group we have defined as our repeat offenders. In this group,
38.2 per cent were detained 6 times (N=55); 20.1 percent, 7 times
(N=29); and 21.5 percent, 8 times (N=31). Twelve juveniles in
the full data set experienced 9 detentions; four juveniles, 10
detentions; three juveniles, 11 detentions; and four, 12 detentions.
Each of the remaining six juveniles experienced a different number
of detentions over the period: 13, 15, 16, 17, 18 and 27 (Table
4). Together these 144 youth accounted for 1,112 detentions.
The repeat offenders differ from
the full sample in the distribution of both race and gender.
Females accounted for 31.3 per cent of the subsample, compared
with 21.7 per cent of the total sample. Alaska Natives are the
largest portion of the repeat offender subsample. They are 44.4
per cent of the total (N=64), while whites are 40.3 per cent
(N=58) and blacks are 9.0 per cent (N=13). This differs greatly
from the proportion of Alaska Natives in the full sample (21.6%
compared to 37.1% for whites) and is greatly disproportionate
to their appearance in the general population of Alaska youth.
The disparities raise some questions about the reasons for detention
and the degree to which there may be bias in the system.
We used an SPSS random sample
generator program to identify a subsample of these repeat offenders
for more careful study. The fifteen offenders are profiled in
Table 5. If our subsample of repeat offenders is a mirror, Alaska
seems to have relatively few seriously criminal youth whose repeated
detentions are tied to repeated criminal acts.
Case #13 was one of these relatively
few. He was a white male aged 14 who was detained 10 times; three
of these detentions were for probation violations. His first
appearance was for burglary (which may have been changed to theft
when transferred on the same day to Anchorage from Kenai). He
was detained five times for assault, and once for criminal mischief.
He may have violated probation more times than the data indicate,
since where a criminal charge was listed as a reason for violation,
the event was entered in our data under the more serious charge.
Considerably more cases in this
subsample suggest that many instances of detention result from
a single act, that many are "paperwork" detentions
tied to movement across the system or even within the facility,
and that some juveniles are detained frequently and ultimately
institutionalized for relatively minor but frequent misbehavior.
Consider the history of Case #14, a 12-year-old female African
American who first appeared in our data set in August 1990 for
violation of probation. She continued to violate her probation
and was detained three more times on this charge. We assume that
she was ultimately institutionalized for her behavior: one year
after her fourth probation violation she was placed in detention
for reasons of program discipline. (It is not uncommon for youths
in treatment to be placed in detention for disciplinary reasons.
The youth centers all contain separate detention/treatment areas,
and while treatment has no high-custody holding area, the detention
area does.) At 15 she was detained on a charge of minor consuming
alcohol (a status offense under JJDP guidelines) and then experienced
two more detentions for violating the conditions of probation
-- six detentions for probation violation out of a total of eight.
Our sample of repeat offenders
raises two important areas for further examination: race/gender
differentials and the large proportion of probation violations
recorded as the reason for the detention event -- 25 per cent
of all detention events. We begin with an exploration of probation
violators. We reiterate that engaging in criminal behavior is
grounds for a probation violation but may or may not be included
in the information we compiled. Where criminal charges were mentioned
along with a probation violation, we entered the most serious
criminal charge as the reason for detention. However, although
the record may indicate only a probation violation, this may
subsume another illegal act.
The repeat offender subsample contains
a large proportion of probation violators. Seven of the fifteen
in the subsample appeared in our data for the first time for
a violation of probation; only three of this subsample had no
detentions for probation violations. The remainder had one to
six detentions for this reason (two had six, one had five, two
had four, etc.). Since the full sample contained a substantial
number of probation violators, we examined all probation violators
as another subsample. In Table 6 we show the number of probation
violations for each of the 950 juveniles detained at least once
for a probation violation by gender and by race. Most probation
violators (62.5%) were detained only once for this reason, but
180 were detained twice for reasons of violating probation and
176 were detained three or more times. One juvenile achieved
12 detentions for violating probation.
The race and gender data in this
table are more complete than those in some earlier tables. Gender
information is missing in only 3.9 per cent of this subsample.
There was little difference between the proportions of males
and females who were detained once for violations of probation.
We also examined the charge for
which the 950 probation violators first appeared in our data
and found that more than half appeared in the five-year data
set for the first time on a charge of probation violation (56.2%).
The next largest group appeared initially for property offenses
(20.2%). As noted above, our early data "catches" 17-year-olds
who are finishing their histories of delinquency and may also
constitute a substantial portion of those whose initial appearance
in our data was for a probation violation.
Race and Gender
Using detention event data from
all five years, we compared reason for detention by frequency
of detention by race in Table 7. We have examined whites and
Alaska Natives specifically because they are the largest racial
categories and have collapsed other races and combined them with
data events where race is missing. This allows us to focus on
the differences between white and Alaska Native detention events.
Further, we have consolidated frequency into three categories:
one appearance in the five-year data set; two to six appearances;
and six or more appearances. Finally, we have separated the data
by gender in order to determine whether gender compounds the
differentials.
Although for a large portion
of juveniles who appeared only once in the data race was not
recorded, as the number of detentions for each individual increased,
our ability to derive this data item from other recorded events
also increased. We assigned the appropriate race to those events
where it was not recorded. Among males detained only once, 18.6
per cent were missing and 15.1 per cent were identified as other
races. Among those detained two to six times, 9.0 per cent were
missing and 18.5 per cent were identified as other races; and
among the very frequent category, less than four per cent of
the data was missing.
For males, as frequency of detention
occurs, there is a steady increase in the proportion of Alaska
Natives in the data. For those detained six or more times, the
difference is greater not only proportionally but also numerically.
The reasons for the detentions vary among frequency categories.
For whites who appear only once
in the data set, the most likely reason for detention was a property
offense charge (24.8% of white one-time males), followed by a
crime against persons (16.5%). Natives who appear only once were
most likely to be detained for reasons of protective custody.
Probation violations are the most likely reason for detention
for both white and Native males in both other frequency categories.
Regardless of frequency category,
Alaska Native males are more likely than white males to be detained
for protective custody purposes. This difference is particularly
pronounced among those who appear in the data only once. Twenty
per cent of Alaska Native males detained once were detained for
protective custody reasons, compared to 2.4 per cent of whites.
It is the only detention reason where the numeric difference
holds over all three frequency categories.
Alaska statutes allow (indeed,
require) police to take inebriates into custody for their own
protection. Detention is only one option for inebriated juveniles,
but other options are more likely to be available only in urban
areas. For this article we are unable to examine some of the
questions which might be related to protective custody detentions
(rural vs. urban, season, etc.), but we note that many rural
areas have largely Native populations and fewer sleep-off options.
Among females, protective custody
is the primary reason for detention for Alaska Natives detained
once and for those detained two to six times. It is the second
most likely reason for detention for those detained six or more
times. The racial distribution of total detention events differs
considerably for females than for males. While Alaska Natives
account for 26.5 per cent of all male detentions (1184 of 4460
events), Alaska Native females account for 44.3 per cent of all
female detentions (670 of 1514 events). There are more Natives
than whites in the two to six detentions category, as well as
the six or more detentions category. There are numerically more
protective custody events among Alaska Native females than among
Alaska Native males.
Other research performed elsewhere
has found that gender is a major determinant in the decision
to detain, with females considerably more likely to be detained
for status offenses than males. It is doubtful that young Native
women are more likely than young Native men to become inebriated,
but it is possible that they are viewed by system personnel as
more in need of protection.
Conclusion
This preliminary analysis pinpoints
areas for future research on detention by race and gender. Because
record-keeping has improved, the data may be used to examine
annual changes in detention policies, but the weaknesses of the
1989 and 1990 data make definitive analysis of trends impossible
at this point.
Our primary purpose was to describe
the detention data. The proportion of detentions for probation
violations led us to examine repeat detainees, and the proportion
of minorities among these repeaters led us to an initial examination
of race, gender and detention frequency.
Although our findings suggest important
differences in the reasons for detaining female Native youth,
different kinds of analysis as well as elimination of the less
satisfactory data years may erase some of these differentials.
We suggest, however, that researchers studying racial disparities
control for gender to see if the kinds of differences we have
found appear elsewhere.
Our data suggest that "detention
recidivists" are frequently involved in fairly minor deviant
behaviors and that alternative placements for probation violators
might lessen the cost of detention and decrease institutional
crowding.
N.E. Schafer is a professor
at the Justice Center. Richard W. Curtis is a Justice Center
research associate.
Return to Justice
Center Home Page | Camai
(UAA Home Page)
© Copyright 1995,
University of Alaska Anchorage
Last updated Nov
13, 2001 by ayjust@uaa.alaska.edu
|