TLC #75: DA Harrington discusses new juvenile justice initiative

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A report on The System

Harrington says “tough on crime” compatible with justice reform.

Mentioned in this episode:

* Editor’s note: Inclusion of the following press release indicates neither our endorsement, nor verification, of it’s contents, but is presented solely for the value of certain facts we believe you may find useful, soley as an addendum to our 30-plus minute interview with District Attorney Andrea Harrington.

Creation of New Policies, Advisory Committee Aims to Transform Treatment of Young People in Justice System, Reduce Recidivism

PITTSFIELD — District Attorney Andrea Harrington launched a new juvenile justice initiative Tuesday.

The plan will hold juvenile offenders accountable while encouraging positive youth development through proven strategies to reduce teen recidivism and address the root causes of delinquency. It is a shift from a court-centered model of addressing juvenile delinquency to a community-based model, focused on ending the school-to-prison pipeline.

It includes prioritizing diversion, expanding community programming, advocating for new policies, and creating a community-led advisory committee.

“The studies are clear that most young adults will grow out of criminal behavior by their mid-twenties and the vast majority of these crimes are low-level offenses,” Harrington said. “The decision-making part of a child’s brain is not fully developed until the age of 25. With appropriate interventions instead of aggressive prosecution, we, as a community, can help make the next generation safer and healthier.”

The initiative is a complementary piece to the Criminal Justice Reform Act, backed by the Berkshire Delegation, passed by the Massachusetts Legislature and signed by Gov. Charlie Baker last year. The bill made several changes to how the justice system addresses delinquency, including decriminalizing certain minor and school-based offenses and creating a mechanism to increase the use of diversion programs as alternatives to incarceration.

“We know that prevention and targeted intervention at key points in a young life are key to seriously addressing youth violence issues,” said State Sen. Adam G. Hinds, D- Pittsfield.

“Dedicated and deliberate strategies within the criminal justice system are necessary to ensure we are going after the root causes of this behavior.  This initiative is a great community-wide step forward toward this goal.”

The Berkshire District Attorney’s Office created a Juvenile Justice Unit and is growing its diversion program, which builds on the foundation set by the Probation and the Juvenile Court. The unit includes a prosecutor, victim witness advocate, and diversion coordinator.

The offending youth will be required to follow a rigorous and individualized program involving a combination of mental health and substance abuse services, youth programs, mentors, and job placements to avoid court involvement. The individualized plan holds youth to a higher, but more appropriate, standard of behavior than has been traditionally required in the justice system.

At the same time, the office will continue to place a high priority on supporting the victims of crimes. Guidelines are in place to ensure that victims in cases deemed eligible for juvenile diversion have access to victim services and advocacy.

“Diversion programs give officers on the street every day another tool on their belts to keep our community safe. I have been a long-time supporter of using diversion as opposed to arresting and charging kids for minor crimes,” said Dalton Police Chief Jeffrey Coe.

“They are not bad kids. They just need guidance and to be shown the right way to behave.”

The initiative does not only reform the approach inside the district attorney’s office but extends throughout the community.

A team of community members representing diverse backgrounds, geography and expertise will provide leadership on juvenile justice matters.

The committee will make policy recommendations, facilitate training, and review data collected through juvenile justice programs to identify areas for improvement and to ensure juveniles are being treated fairly across all demographics.

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The members for the inaugural term are the following:

• Massachusetts Chief Probation Officer’s Association President, Alf Barbalunga
• Pittsfield Police Officer, Darren Derby
• Psychologist, Dr. Anthony Siracusa
• Railroad Street Youth Founder, Eric Bruun
• Northern Berkshire Community Coalition Youth Development Coordinator, Tim Shiebler
• Berkshire County Superintendents’ Roundtable Executive Secretary, William Ballen
• Cranwell Spa & Golf Course Director of Human Resources, Stephanie Kinstle
• Boys & Girls Club of the Berkshires President, Joe McGovern
• National Association for the Advancement of Colored People Berkshire Chapter Secretary, Christina Daignault
• Pittsfield Public Schools Guidance Counselor, Mia Albano
• Berkshire County Regional Housing Authority, Dispute Resolution Center Director, Kayla Wendling
• Berkshire Bridges Working Cities Director, Alisa Costa
• Chief Probation Officer, James Hunt
• Pittsfield Public Schools Cultural Proficiency Coach, Shirley Edgerton
• Nurse Practitioner, Jackie Latimer
• Youth Sports Director, Jarmal Sistrunk
• Retired Criminal Justice Consultant, William Sturgeon
• 18 Degrees President, Colleen Holmes

The constant oversight will help address racial disparities that exist in the juvenile justice system now. Children of color represent roughly a third of the total youth population in Massachusetts while representing 60 percent of youth who are arraigned, according to Citizens for Juvenile Justice.

“I think it is an excellent shift in approach to reduce the school to prison pipeline and the statistics on the disparate numbers of young people of color in the juvenile justice system. This program uses data and oversight to ensure fairness for all,” Pittsfield Public Schools Cultural Proficiency Coach Shirley Edgerton said.

“Further, it is our responsibility as adults to be positive role models and empower our children so they can live successful lives. An African proverb states ‘It takes a village to raise a child,’ meaning our entire community must engage with our children to create a safe and healthy environment.  We, the villagers must look out for all our children. “

More than 30 community organizations have already agreed to dedicate resources to help at-risk youth through this initiative. Those organizations will be providing and/or expanding youth programming, mentorships, jobs, and health services

Through a collaborative process, this initiative looks to bolster prevention programs in county schools.

The initiative will also enforce accountability for a youth’s actions through restorative practices. Restorative Justice goes beyond traditional discipline by instilling problem-solving and anger-management skills, and giving the youths the opportunity to right with what they’ve done wrong. The victim will be made whole and have a meaningful role in the process.

Finally, the district attorney’s office will advocate for new policies and legislation that supports juvenile justice programs. One such bill would raise the age of the juvenile court’s jurisdiction to 21, allowing for the expansion of developmentally appropriate interventions for emerging adults.

The reform recognizes that children, teens, and emerging adults are highly influenced by their environment and that interactions with courts and jails have been proven to have negative effects on a teenager’s long-term success and increase the likelihood of re-offending.

“Middle and high school is a challenging time for teenagers. It is when they are coming of age and finding their identities. At that age, they are heavily impacted by their environments and by the people who surround them,” Harrington said.

“If we treat them like criminals, they begin to believe that’s who they are. We believe that if we intervene early and address the root causes, we can guide them away from a life of crime.”

Throughout Massachusetts, the highest recidivism rate is among the 18- to-24-year-old age bracket and 85 percent of youth arraigned in court are accused of low-level, nonviolent crimes. Half of the teenagers in detention have only misdemeanors as their most serious offense. In 2018, just one of 1,159 Berkshire youth involved with juvenile court was eligible to be indicted as a “youthful offender,” which is designated for serious or chronic offenders.

The costs are high. In 2014, the Justice Policy Institute reported that it costs Massachusetts taxpayers $172,824 per year to incarcerate one juvenile.

That doesn’t account for the fact that those youth are less likely to graduate high school, will earn less money throughout their lives, pay less in taxes, rely more on public assistance, and likely offend again leading to more resources being spent on future victims.

It is estimated that nationally between $8 billion and $21 billion is spent per year for long-term costs associated with incarcerating youth. This initiative looks to shift spending from courts and jails to programs that support positive youth development to reduce those long-term costs.