County studying racial disparity in juvenile justice system

Hispanic and African-American youths in Johnson County have disproportionately more contact with the juvenile justice system than their white peers, according to statistics compiled since 2008.

The difference is big enough and persistent enough that county officials have decided to dive deeper into the problem in an effort to do something about it.

To that end, the county accepted a $200,000 federal grant for an “intensive site engagement” study into county policies that could affect disparity. The Title II grant will pay for an 18-month comprehensive look at all aspects of the county’s juvenile justice system.

The county commission unanimously backed the new study.

Commissioner John Toplikar expressed surprise at the extent of the problem. The statistics are, “alarming and disturbing and I think a lot of people would be surprised to see those numbers here in Johnson County because it’s something that isn’t talked about publicly,” he said.

County corrections director Betsy Gillespie hopes to get input for the project from city and county law enforcement, judicial and corrections officers, as well as school districts and other entities that have contact with the juvenile justice system.

In doing so, the county will become one of 55 in the nation to take on an in-depth study. “We are one of these counties that does not ignore our problems,” Gillespie said. “We don’t know what the cause of our problems is, so we will dig down further.”

Johnson County’s statistics have been troubling to juvenile justice officials, she said. For instance, black youths were seven times as likely as whites to be detained and 3.8 times as likely to be arrested, according to 2015 data.

Hispanics were 3.2 times as likely to be detained and 1.5 times as likely to be arrested. By comparison, African-Americans make up about 8 percent of the county’s youth population and Hispanics about 7 percent.

Disparity exists in varying levels at all of the contact points studied, including arrest, detention, diversion and probation. Nationally, black youths were about 4.6 times as likely as whites to be detained and Hispanics 1.7 times as likely, according to 2013 data cited by the W. Haywood Burns Institute in a preliminary assessment for Johnson County.

But despite good intentions from the people involved with youths, the gap has proved resistant to closing, Gillespie said. The study will look deeper at policies that may be contributing to the disparity and how to change them. So far Johnson County is the only Kansas county to approve the in-depth study.

“We take this very seriously,” she said. Law enforcement and judicial officials are aware of the numbers. “We’ve been talking about it within the departments and analyzing and yet it’s not getting any better.”

All Kansas counties are required to collect the data. But members of the county Juvenile Justice Advisory Board and its subcommittees were concerned enough that they asked the institute for a “readiness” study in preparation for the more intensive study planned.

The readiness assessment was based on the data plus interviews with 35 “stakeholders” that included law enforcement, mental health, judicial and corrections workers as well as families who have been through the system. The institute made eleven recommendations in a 57-page report.

For instance, the institute recommended the county develop a consistent philosophy on the purpose of detention. The top reason given for detaining youths in 2015 was for warrants for failing to appear in court. However the people interviewed differed on whether detention is mainly used for protection of minors, of the public or for punishment of offenders.

The institute also recommended more feedback from a wider variety of community stakeholders, including child welfare and school districts that give referrals and families who have gone experienced the justice system first-hand.

The problems are complex because so many agencies are involved, the study noted. Gillespie added that there are also state laws and policies that affect the county’s juvenile justice system. Both the state and county have moved away from detention for less-serious crimes because of studies that show it can be harmful to juveniles and interfere with their return to law-abiding habits.

Gillespie stressed that the intent of the next study will be to collaborate with local officials in finding ways to address the disparity. The study is intended to work with agencies in finding solutions, not to accuse or order changes from on high, she said.

The process will involve nine visits from institute officials and ongoing local work through United Community Services.

This story was originally published January 18, 2017 at 10:48 AM with the headline "County studying racial disparity in juvenile justice system."