Update: South Dakota Moves Quickly on Juvenile Justice Reform
Often the wheels of government turn very slowly. From the inception of an idea to passage can take years of wrangling, modifications, and more wrangling before it reaches consideration in the legislature.
Such was not the case in South Dakota. Having had success with an overhaul of its adult justice system, Gov. Dennis Daugaard and Chief Justice David Gilbertson were intent on improving the juvenile system. After all, it was costing $140,000 a year for each youth commitment. Annual tuition at the University of South Dakota is only $13,904. And the returns on the commitment investment were not good. Forty percent of the adolescents were back with the Department of Corrections (DOC) three years after they were released.
After considering a study initiated in June 2014, the state is concentrating on a three-pronged approach to reducing the incarceration rate."Increase public safety by improving outcomes for youth and families and reducing juvenile recidivism; effectively hold juvenile offenders more accountable, and reduce juvenile justice costs by investing in proven community‐based practices and preserving residential facilities for serious offenders."
In studying the issue, it was found that 70 percent of youths placed in DOC custody had a misdemeanor infraction. Research has shown the adolescent brain is not fully developed, and younger people are more prone to making bad choices. It has also shown that the biggest predictor for future offending is any involvement with the system. The South Dakota study group determined that an effort should be made to “prevent deeper involvement in the juvenile justice system for youth committing lower-level offenses".
That still leaves the problem of how to handle more dangerous juveniles. The knee-jerk reaction is to lock them up. Governor Dauggard has a different take.
“South Dakota has a choice to make,” he said. “We can continue to place juveniles in expensive state-funded facilities that, for many, are less effective at reducing delinquency, or we can invest in proven interventions and treatment programs that keep our youth close to home and connected to their communities.”
With that kind of attitude and influence, it was possible to file a reform bill in the South Dakota legislature at the end of January 2015. Expensive juvenile facilities would be for youth who are a risk to the community and would “reduce juvenile justice costs by investing in proven community‐based practices and preserving residential facilities for serious offenders".
“Juvenile corrections facilities were built for youth who present a real threat to public safety. But the kids who are removed from their families and placed in the custody of the state are far too often low-level rule-breakers, misdemeanants, and non-violent,” said state Sen. Alan Solano. “We can do better for our kids, families, and communities by shifting policy and resources toward strategies that work better and cost less.”
Should the bill be passed, which is likely since it has the backing of 82 legislators out of 105, South Dakota has another problem to resolve. There are few evidence-based programs in the state. The Department of Social Services, Unified Judicial System, and the DOC would be called to evaluate and decide which individual, group, and family‐based interventions, such as Functional Family Therapy or similar programs, would be made available. One requirement for selection would be the programs “target moderate‐ to high‐risk youth and have been shown through research to reduce recidivism.”
To date, there are no Multisystemic Therapy teams in South Dakota. With the criteria laid out by the study report, that could change soon.
To learn more about the long-term success of MST, download this white paper.
