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Thank you for joining us today! Have Laws Against Domestic Violence Increased the Criminalization of Girls? May 25, 2016 2:00-3:30pm Central Time Presenters: Francine Sherman, Clinical Associate Professor; Director, Juvenile Rights Advocacy


  1. Thank you for joining us today! Have Laws Against Domestic Violence Increased the Criminalization of Girls? May 25, 2016 2:00-3:30pm Central Time Presenters: Francine Sherman, Clinical Associate Professor; Director, Juvenile Rights Advocacy Project This project was supported by Grant No. 2015 ‐ TA ‐ AX ‐ K027 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this (document/program/exhibit) are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women. Have Laws Against Domestic Violence Increased the Criminalization of Girls? The materials are available on our website: http://www.bwjp.org/our-training- and-services/webinar-criminalization-of-girls.html AUDIO OPTIONS AUDIO TROUBLESHOOTING for VoIP •Verify you selected “connect” to the internet audio The audio component can be heard by VoiceoverIP (VoIP) or telephone : •If your computer & speaker volume are turned all the way up, & volume is too VoIP: Select "connect" to internet low, run the audio wizard under “Tools” audio on the Start tab to get your audio at the top of your screen. streaming through your computer. •If still low volume, try a headset (which is Telephone: Select “I am dialed in” on recommended). the Start tab and dial in from you telephone. Your standard long distance •Lastly, if all your troubleshooting attempts charges will apply . have failed please dial in from a telephone. Your computer &/or network Dial-in: 641-715-3670 don’t have the requirements (bandwidth, Passcode: 732746 memory, etc) for VoIP on this webinar. 1

  2. Francine Sherman Francine Sherman 2

  3. Francine Sherman Intersectional Disparities • 61% of incarcerated or confined girls are girls of color. • Girls of color are 2X as likely as white girls to be incarcerated or confined. • In 26 states and the District of Columbia the placement rate for non ‐ Hispanic, Black females exceeded the rate for all other race and ethnic groups. • Nationally non ‐ Hispanic, Black females are 33% of incarcerated girls. • 40% of detained girls : LBQ/GNCT 3

  4. • Jane Doe #1 is 15 years old with a history of diagnosed ADHD and behavior problems at school and at home. Her parents recently split up and she’s been living primarily with her mother who is dating a man she does not like. Jane frequently argues with her mom about the boyfriend, household jobs and school behavior. One evening, she throws her cell phone at mom and runs to her room and she begins to tear things off the wall, threatening to hurt herself and her mom. Jane Doe #2: First entry into secure detention on 10/20/14 for an assault against her dad. Jane was released to the shelter alternative program pending her detention hearing. She had the detention hearing the next day and was ordered to the Alternative Family Engagement program on 10/21/14. Grandparents, who have temporary custody of her, came to visit Jane in the shelter and things went very well. Charges were reduced and she was adjudicated for disorderly conduct on 11/9/14 with orders to probation and individual/family therapy. She was on probation approximately 9 months with generally good reports. She was admitted to secure detention for a new assault charge on grandparents on 7/1/2015. She was released later that day to her mom and was later discharged from probation due to moving out of the County with mom. 4

  5. T her e is an 8% decr ease for gir ls 1200 as compar ed to a 1050 26% decr ease for 1000 boys 905 788 819 800 651 579 600 400 262 254 240 200 0 FY 12 FY 13 FY 14 Female Male Grand Total *In FY 2014 the majority of girls detained came from the most economically challenged areas of Albuquerque and have the highest populations of girls of color. Number of Detained Youth by Fiscal Year and Gender Source: Gerri Bachicha, JDAI Site Coordinator, Bernalillo County, N.M., Unintended Consequences Roundtable, March 10 ‐ 11, 2016, Washington, DC. 45% 42% 41% 40% FY 12 34% 35% FY 13 FY 14 30% 28% 26% 24% 25% 20% 18% 15% 13% 9% 10% 5% 0% Assault/Battery Probation Property Violations T o p T hre e Offe nse Cate go rie s fo r De taine d Girls F Y12-14 Source: Gerri Bachicha, JDAI Site Coordinator, Bernalillo County, N.M., Unintended Consequences Roundtable, March 10 ‐ 11, 2016, Washington, DC. FY 14: 116 Girls were arrested for Domestic Violence Source: Gerri Bachicha, JDAI Site Coordinator, Bernalillo County, N.M., Unintended Consequences Roundtable, March 10 ‐ 11, 2016, Washington, DC. 5

  6. Source: Wendy Nussbaum, Adolescent Domestic Battery: Why so many girls?, Unintended Consequences Roundtable, March 10 ‐ 11, 2016, Washington, DC. Males (n)= 221 Females (n)= 152 Girls make up 41% of ADB cases but only 34.4% (53/154) of the most serious typology, “Escalating ADB” Source: Wendy Nussbaum, Adolescent Domestic Battery: Why so many girls?, Unintended Consequences Roundtable, March 10 ‐ 11, 2016, Washington, DC. Exposure to Violence (Potentially Traumatic Experiences) 64% Witnessing Community Assault ᵃ 50% 52% NatSCEV* 10% Witnessing Family Assault 42% ADB Girls 34% 1% Dating Violence 12% ADB Boys 9% 19% Child Maltreatment ᵇ 73% 57% 12% Sexual Victimization ᶜ 25% 13% 15% Assault, with weapon or injury 39% 38% 37% Assault, no weapon or injury 71% 69% 61% Any Exposure 73% 69% 0% 20% 40% 60% 80% *National Survey of Children’s Exposure to Violence (NatSCEV), 2009; community populations, previous year ᵃ NatSCEV 14 ‐ 17 year olds only (lifetime) ᵇ NatSCEV lifetime ᶜ NatSCEV Girls only (lifetime) Source: Wendy Nussbaum, Adolescent Domestic Battery: Why so many girls?, Unintended Consequences Roundtable, March 10 ‐ 11, 2016, Washington, DC. 6

  7. Developmental Juvenile Justice for Girls 1. Stop Criminalizing Behavior Caused by Damaging Environments. 2. Engage Girls Families throughout the Juvenile Justice Process. 3. Use Pre-Petition Diversion to Provide “Off- ramps” from the Formal Justice System for Girls Living in Traumatic Environments. 4. Don’t Detain for Offenses and Technical Violations that Pose no Public Safety Threat and are Environmentally-Driven. Developmental Juvenile Justice for Girls 5. Use Trauma Informed Approaches to Improve Court Culture for Girls 6. Adopt a Strengths-Based, Objective Approach to Probation for Girls 7. Use Health Dollars to Fund Evidence-Based Practices and Programs for Girls and Address Health Needs Related to their Trauma 8. Limit Secure Confinement, which is Costly, Leads to Poor Outcomes and Re-Traumatizes Vulnerable Girls 7

  8. Developmental Juvenile Justice for Girls 9. Support Emerging Adulthood for Young Women with Justice System Histories Photo: Richard Ross 8

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