Latino youth in the justice system today face significant challenges that require urgent attention and legislative action.  Compared to Whites, Latino youth are more likely to be filed for a court hearing (petitioned), held before trial (detained), and tried in adult court instead of juvenile court (waived to the adult system).  Similar to Black and other youth of color, Latinos are also disproportionately overrepresented within the justice system, experiencing what is known as disproportionate minority contact.  For example, in 2008, Latinos made up nearly one in seven of all youth ages 10–17 in the United States but constituted one in five of all incarcerated youth.
Many Latino youth are being unnecessarily imprisoned instead of diverted to community-based programs that would more effectively and efficiently respond to the child’s needs.  Limitations in services that address specific cultural and language needs have also resulted in unnecessary, excessive, and easily avoidable punishment of many young Latinos who encounter the justice system.  Cultural and linguistic competency is critical to ensuring that Latinos are helped, not hurt, by interactions with the justice system.  To remedy this, courts must ensure that all documents are translated and enough bilingual and bicultural interpreters are available to parents and in court.  Addressing all of these challenges is further complicated by data collection that fails to capture ethnicity as well as race, making an unknown number of Latino youth virtually invisible in the justice system.

NCLR is committed to promoting federal legislation that would improve the lives of Latino youth who encounter the justice system, such as the “Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009” (S. 678).

The Juvenile Justice and Delinquency Prevention Reauthorization Act (S. 678)

The Juvenile Justice and Delinquency Prevention Act (JJDPA) is the main piece of federal legislation addressing the juvenile justice system.  Originally written in 1974, the law has been updated periodically but is now three years overdue for reauthorization.  On December 17, 2009, the Senate Judiciary Committee approved the reauthorization bill (S. 678) and sent it to the full Senate for consideration.

The Juvenile Justice and Delinquency Prevention Reauthorization Act (JJDPRA) will help Latinos involved in the juvenile justice system.

•  Latinos are overrepresented in the juvenile justice system.  JJDPRA would strengthen a core policy requirement that states must follow to take specific steps to reduce the disproportionate contact of ethnic and racial minorities with the justice system.

•  Latino youth face cultural and linguistic challenges when navigating the juvenile justice system.  JJDPRA would encourage the use of culturally and linguistically competent programs and services to better serve Latino youth and families.

•  Community-based prevention programs and alternatives to incarceration help protect Latino youth from the harmful effects of detention and incarceration.  JJDPRA increases support for funding of these prevention and intervention programs.

•  Latino youth incarcerated in adult jails face serious dangers, including an increased risk of sexual abuse and exposure to hardened criminals.  By prohibiting youth from being incarcerated with adults in most situations and requiring sight and sound separation from adults in exceptional situations, JJDPRA protects Latinos from the dangers of imprisonment in the adult criminal justice system.

Take Action!

Send a letter to your senator encouraging him or her to make passage of JJDPRA a priority this session.

Learn more about JJDPRA from NCLR’s coalition partners:

National Juvenile Justice and Delinquency Prevention Coalition (NJJDPC)
Coalition for Juvenile Justice (CJJ)
The Campaign for Youth Justice (CYJ)

Related Legislation:
"Youth PROMISE Act"