Massachusetts data shows stark racial and ethnic disparities persist in juvenile justice system

BOSTON, MA — New research released by the state Juvenile Justice Policy and Data Board shows that racial and ethnic disparities in youth arrests remain high – even as the total number of youth entering the system has gone down substantially in recent years. To produce the report, the JJPAD Board analyzed available data on Massachusetts’ juvenile justice system as well as national research to identify the factors leading to the overrepresentation of Black and Latino youth entering the juvenile justice system and develop tailored recommendations for better addressing these disparities.

“While the Commonwealth has made great progress over the past decade in reducing the total number of youth coming into contact with our juvenile justice system, we have more work to do in addressing the substantial racial and ethnic disparities that still remain,” said Maria Mossaides, Director of the Office of the Child Advocate and Chair of the JJPAD Board. “We know the harmful effects that any justice system involvement can have on kids, which is why best practice, as well as state law, recommends issuing court summons instead of placing a child in handcuffs or a locked facility whenever possible. We hope the recommendations in this report provide guidance to the state and police departments on some initial steps to take to work toward an equitable juvenile justice system.”

The JJPAD Board found that disparities are greatest at the “front door” of the system: youth being arrested or summonsed to court. The JJPAD Board’s findings show that in Fiscal Year 2021:

· Compared to white youth in Massachusetts, Black youth were over three times more likely to be the subject of an application for complaint, which is the beginning of the Juvenile Court process, and Latino youth were almost twice as likely.

· Black youth in Massachusetts were over four times more likely to experience a custodial arrest (instead of a court summons) than white youth in Massachusetts. Latino youth were

almost three times more likely to experience a custodial arrest than their white counterparts.

The JJPAD Board took a deeper dive into the issue by examining common hypotheses –including those pointing to both individual (e.g., seriousness of the alleged offense) and systemic (e.g., police department policies/practices) factors – that are often posed as explanations for these disparities. The JJPAD Board’s analysis indicates there is no single reason for racial and ethnic disparities in the juvenile justice system in Massachusetts, but rather, a combination of factors stemming from both differences in individual behaviors influenced by societal factors and differences in how police departments and/or individual officers respond to Black and Latino youth compared to white youth.

For example, the Board found that youth who are alleged to have committed a misdemeanor offense have a low likelihood overall of being arrested (rather than summonsed) for that offense. However, that likelihood is higher for Black and Latino youth, who were arrested 28% and 32% of the time, respectively, compared to white youth who were arrested 18% of the time. In general, law enforcement officers have more discretion regarding arrests for misdemeanors as compared to felonies.

“The Legislature tasked the JJPAD Board with analyzing disparities in our juvenile justice system and making recommendations for steps we can take to reduce them. There are many drivers of these disparities, as described in this report, and by better understanding what they are and how they interact, we can more effectively address them. Importantly, there are specific actions both the state Legislature and local police departments can take, and we urge them to do so,” said Melissa Threadgill, Director of Strategic Innovation at the Office of the Child Advocate.

To reduce racial and ethnic disparities in the number and treatment of youth at the “front door” of the Juvenile Justice system, the JJPAD Board offers multifold recommendations, including:

· Focusing more state resources on prevention and alternatives to arrest by investing in community-based programs aimed at reducing delinquency and expanding diversion initiatives.

· Better gathering and using data to spot problem areas and improve practice

· Reducing disparities through practice and policy change at the police department level.