Friday, July 11, 2008

Help Younger Offenders Closer to Home (NY Times Editorial)

New York Times

July 11, 2008

EDITORIAL



One proven way to prevent borderline young offenders from becoming serious criminals is to treat them — and their families — in community-based counseling programs instead of shipping them off to juvenile facilities that are often hundreds of miles away from home. Early data suggests that New York City’s alternative-placement programs are cutting recidivism rates.

In addition to saving young lives, the community-based programs cost a lot less: $20,000 per child per year versus as much as $200,000 for holding a child in a juvenile facility. Despite that, politicians and labor unions — eager to preserve local jobs — are fighting hard to keep facilities open.

Earlier this year, Gladys Carrión, the commissioner of New York’s Office of Children and Family Services, announced her intention to close five of the state’s 22 facilities for low-level offenders and an intake center in the Bronx. A longtime advocate of community-based therapies, Ms. Carrión was fiercely criticized by the unions and communities where the facilities are located. The Legislature then restored funding for one of the facilities and the intake center. Gov. David Paterson will need to press a lot harder to close the rest of the unneeded centers and to help keep the reform effort on track.

If there is any doubt, Governor Paterson and other politicians in Albany should review the data on recidivism. About 80 percent of the young men who are placed in juvenile facilities in New York end up committing more crimes within three years of their release. Preliminary data from New York City suggests that the recidivism rate for the new community-based programs might be as low as 35 percent.

The idea is to help borderline young offenders before they turn to serious crime. Young people are required to participate in the programs as a condition of probation. Both they and their families are provided with counselors who teach parenting skills and who often mediate between troubled children and their families.

New York and other states will always need some facilities for young people who commit grave crimes. But they need to stop reflexively confining young people who present little or no risk. New York needs to greatly expand access to community-based programs. It can do that by closing unneeded juvenile detention centers and investing the savings in programs like the ones adopted in New York City.

Tuesday, July 8, 2008

Helping Girls as Victims, Not Culprits (Clyde Haberman, NY Times)

This article appeared in the New York Times Metro Section on July 8, 2008

Helping Girls as Victims, Not Culprits
By Clyde Haberman

Miranda’s story is typical, and yet not.

It’s typical of many girls who run away from home, only to land in the arms of older men whom they mistake for protectors. Most adults would recognize these men for what they are. They’re pimps.

She was all of 14 when she fled her mother’s house in Brooklyn and found herself “in the life” — the world of the street hustler. “I didn’t really know what I was getting into,” said Miranda, who, for reasons that should be obvious, avoided giving a last name or even a true first name.

Before long, she was arrested for prostitution. It would not be her last run-in with the law.

At least this pimp did not beat her. Her second pimp did, knocking out a few teeth and sending her to the hospital. Miranda was 16 then. She had tried going back home, but her mother lost patience with her and kicked her out. “I thought for a while that I was crazy, and I was the child from hell,” she said.

As we said, her story fits a familiar pattern with girls and sexual predators. Not necessarily typical is the way she reversed direction, with help from Girls Educational and Mentoring Services, or Gems, a Harlem-based organization that each year offers counseling and other assistance to more than 200 of the city’s Mirandas.

At 18, Miranda has just graduated from high school and is looking at possible colleges. That she is firmly on an educational track at a normal age is no small accomplishment, given her rough past. “I feel like a lotus,” she said. “A lotus starts in muddy water but grows into something beautiful.”

Also not typical are her journeys to Albany to urge that lawmakers rethink how the state deals with children — girls, in the main — who become sexual prey. Her efforts and those of others paid off a couple of weeks ago when the Legislature, by unanimous votes in both houses, passed the Safe Harbor for Sexually Exploited Children Act.

Instead of being treated as criminals, as they are now, girls age 15 and under would be viewed as victims the first time they are arrested for prostitution. They would be classified as “persons in need of supervision,” or PINS, and offered social services and protection from their pimps in a dormitory-style shelter.

Essentially, the Safe Harbor bill brings state law in line with federal statutes governing foreigners who make it to the United States in the clutches of sex traffickers. Those non-Americans are dealt with as victims, not criminals.

“Now, people born in Brooklyn will get the same treatment as someone born in Ukraine or Thailand or wherever,” said Mishi Faruqee, director of the youth justice program of the Children’s Defense Fund in New York.

It is not clear, however, if Gov. David A. Paterson will sign the bill. A spokeswoman said only that the governor would look at it once it is formally sent to him.

Were Mr. Paterson still in the State Senate, “this would have been an issue he would have been all over,” said Robert Gangi, executive director of the Correctional Association of New York, a nonprofit group that focuses on prison policy. But groups like his worry that the governor might be leaning toward a veto, in part to avoid a new multimillion-dollar expense in tough times. And despite those unanimous legislative votes, an override of a veto cannot be assumed, said Assemblyman William Scarborough, a Democrat of Queens. He is a chief sponsor of the measure, with State Senator Dale M. Volker, a Republican of western New York.

A prominent opponent of the bill is the Bloomberg administration, although it has stopped short of urging a veto, publicly anyway. City Hall agrees that the girls are victims, said John Feinblatt, the mayor’s criminal justice coordinator. But “the PINS process has no teeth,” he said, and so keeping these children firmly in the court system is preferable.

“Our thought was that the best way to reach them was not through decriminalization but rather using the leverage of court-ordered services,” Mr. Feinblatt said in an interview.

His assessment of the legislation was a lot harsher in an article that he wrote for The New York Post in June under the headline “NY’s Pro-Pimp Bill.” If it became law, he wrote, girls would find it relatively easy to run right back to their exploiters.

He’s wrong, says Rachel Lloyd, who founded Gems a decade ago and is its executive director. Born in England, Ms. Lloyd was “in the life” herself as a teenager. In part, the problem is one of perception, she said. “These are not kids with cancer — they’re not the kids people feel the most empathy for.”

Can’t these girls be quite a handful, though?

Ms. Lloyd is not convinced that they are all as tough as many might think. “Whatever your stereotype is,” she said, “when you sit down and talk to them, you see that a kid is a kid.”