WHEN SHE WAS 16, Jasmine spent a month locked 23 hours a day in an adult jail cell in Multnomah County. While awaiting trial for stealing a woman’s purse after a meth binge and then violating probation, Jasmine says a guard bet her a nickel that she would be back in the adult jail again before she turned 18.
“There was no support. I didn’t have anybody talking to me about the decision I’d made. Instead, it was guards telling me I was a fuck-up,” says Jasmine, who is now 20 and asked that her last name not be used as she hopes to turn her life around. “It was very cold and lonely. I had no hope.”
Federal law encourages states to keep juveniles out of adult jails. But Oregon gets around those guidelines with a legal loophole created by Measure 11, a tough-on-crime law Oregon voters passed in 1994. According to the nonprofit Partnership for Safety and Justice, 92 kids like Jasmine spend time in adult jails statewide in an average year.
A new bill, HB 2707, which the governor signed into law Friday, May 20, may reverse this unusual status quo in Oregon. But it still leaves the door open for counties to imprison teenagers in adult jails.
In a year where most votes split along hard partisan lines, the youth-in-jails bill passed the House and Senate with only a single vote against it (that would be Clackamas County Republican Fred Girod).
Under Measure 11, 16- and 17-year-olds who are tried as adults are held in adult jails before their trials. Strangely, even if they’re convicted of adult crimes the youths are housed in juvenile facilities after their sentencing. But for that pretrial limbo, which can last over a year, the teens are held alongside adults, often in 23-hours-a-day solitary confinement for their own protection.
A nationwide study from the Campaign for Youth Justice showed that juveniles in adult jails are frequently victims of sexual assault and are 36 times more likely to commit suicide than when they’re held in juvenile facilities.
“It’s an uncertain and untested area of the law—even though they’re under 18, they’re charged with an adult offense,” says Multnomah County Juvenile Services Division Assistant Director David Koch. “It’s a matter of policy, for how jails can safely and effectively manage these juveniles. It’s really hard to keep these youths from being preyed upon.”
Because of Measure 11’s peculiar treatment of youths charged as adults, it’s been up to counties to decide where to house 16- and 17-year-olds charged with Measure 11 crimes. Under the new law, counties’ default place for Measure 11 youths will now be juvenile facilities, but local decision-makers can decide to change it back.
Multnomah County, along with 11 other Oregon counties, had already flipped its default housing for Measure 11 teens, but neighboring Washington and Clackamas Counties together sent 26 teens to adult facilities last year.
Juvenile detention offers better mental health counseling and educational opportunities than adult facilities (the Multnomah County juvenile facility has 220 days of school a year), but costs are more than triple per inmate per day versus adult facilities. Some counties also lack enough beds for all the juveniles.
“The adult facility is training grounds, more than anything else,” says Portland Representative Lew Frederick, who testified in favor of the bill. “They learn how to deal with people attacking them. They’re going to be looking up to the older guys who are surviving in that facility.”
During his testimony, Frederick called out the case of another Portland teen held in adult jail—Kyeron Fair, a Parkrose High School senior who wound up in Multnomah County’s adult jail last year after he was arrested on felony robbery charges. At some point in custody, the 17-year-old suffered massive internal injuries and was admitted to the intensive care unit at Oregon Health Sciences University while unconscious. His family is now considering suing the Multnomah County jailers for allegedly causing his injuries. It’s not officially clear why Fair was transferred from the county’s juvenile facility, but in similar transfers, behavioral issues were a factor.
“It demeans us as a society when anyone is mistreated, but especially those who are still in their formative years,” Frederick told his fellow legislators.
Access to mental health and substance abuse counseling is crucial for turning around the lives of Oregon teens who get in trouble. Of youths in the state juvenile justice system, 68 percent have a diagnosed mental health disorder and 80 percent have used alcohol or drugs.
Jasmine, now attending Portland Community College, made her first trip to the capital to nervously testify in favor of HB 2707. She credits the counselor from her juvenile detention facility with helping her get straight. If a judge had never transferred her to the county juvenile facility, Jasmine is certain she would have had to pay up that nickel.
(From back inside the mind of billionaire psychopath J. Edger)
It’s just a matter of time until all “you’s people”, who don’t carry our sword or law book, get a chance to sample our excellent jails and prisons.
Did you know, us investors get almost $100 from the feds every day to keep “you’s people” locked up in these adult facilities (That’s why we wait until after midnight to let you out!)…and there’s no profit to be made from keeping these young, future criminals anywhere else, like a “juvenile facility”. It’s just a matter of time before they become lifers, or that’s the plan. In fact did you know that under the current administration we’ve stepped up the prosecution of whistle blowers, petty criminals, and anyone who can’t afford a lawyer. Just this week, the Court gave our expansive California facilities a gratuitous warning that we had two years to reduce the prison population…but that deadline will be extended, I can assure you of that. Anyone who tries to stop us, even a former senator, will face the vengeance of our ruthless persecutors and our growing prison industrial complex… YES WE CAN!
For example, saying that crap about, “Two Americas” is what “really, really, really” doomed John Edwards, and that’s why we continue to persecute him or anyone else who challenges us…as if being married to Theresa Edwards wasn’t punishment enough- Don’t tell the phony-feminists I said this, but that woman was a real tyrant and a major b..ch…but that’s politics. We got to defend “our women”, so she’s an innocent victim of a horrible cheating husband! Let’s cut off his favorite parts!
But if you’ve been paying attention, you may have noticed that’s why we had the ‘Fox Freaks’, ‘Derriere and the Disney Dames’, and the corporate media pounding “Johnny E” for weeks at the time over his affair, while our own Oregon Governor, “Johnny K”, had his own divorce records sealed…and not a word has been spoken around here about what he might be hiding…like a possible affair while he was governor and maybe an illegitimate baby? Can you say, “Two America’s”? YES YOU CAN!!!
Speaking of the Patriot Act, we knew we could count on “our” New York Senator Ron Wyden to get Eric Holder’s favorite spy tools passed through the Congress. That’s why last week we had ‘APAC Abe’ from the BOO and the other Zionists media network shills playing (non-stop) Corporate Ron’s rant from Congress directed at the Petroleum CEOs…to give him a little cred- Of course, we knew ahead of time that nothing would change, so we all had a good laugh about that too- But Chuck and Hillary made sure Ronnie was with us on the John Roberts vote and Medicare Part D, and that’s what really counts…when it’s all said and done, and phase VIII is completed-
And what’s a matter with “you’s people”, — you “Deathers” — not trusting anyone. To quote one of our DC corporate left propagandist (the “Jacker” — a Kennedy conspiracy nut). It must be because “YOU”can’t be trusted! It’s kind of funny to hear him say this today, given all that’s going on under your runny noses. James Madison once said,”all men having power ought to be distrusted to a certain degree.” What a hoot!
And if you forget to add that second “n”, to “Jacker’s” last name it’s obviously not because you’re a bad speller, but because you’re an “ANTI-SEMITE!” And don’t forget to add the “h” as well, or we’ll start calling you a…and get Eric and his trustworthy Department of inJustice after you…just like we’re doing to that cheating John Edwards…and just like we took care of that whistle blower, “por Bradley Manning”-
I got to hurry up and catch a flight with Loren and Paul to Taiwan (where there’s no age of consent), but there’s lots of good news about what’s happening with the implementation of phase III and phase IV which I’ll share with you next time, but you might want to hurry up and stock up on salt water sea food. And don’t be surprised next month when “your President” agrees to the important spending cuts we want, just like he’s been doing. You can bet, he will do anything to keep the little lady happy and keep the plastic popping green…so he doesn’t “gets” that dreadful message, you know the one, “card declined”!
Don’t forget, he voted for giving immunity to the TelComs for spying on you and didn’t prosecute the “Shrubs” for authorizing torture or anything else, but “your President” has prosecuted more government whistle blowers than every other president in history, combined! Right on!
http://www.jedger.blogspot.com
Boo hoo! “It was very cold and lonely. I had no hope.”…. It’s jail.
You chose to commit a crime. You were caught. You went to prison. Did you expect a back rub? You were locked down for 23 hours a day because an extra effort was made to keep you safe. I am hoping that jail was so unpleasant that you don’t want to return.
Criminalizing youth over petty crimes and locking them in adult jails where they’re often raped. Good job, Oregon!
“You chose to commit a crime. You were caught. You went to prison. Did you expect a back rub? You were locked down for 23 hours a day because an extra effort was made to keep you safe. I am hoping that jail was so unpleasant that you don’t want to return.”
Comments from pissant cowards such as yourself to this article were about as predicable as a 2-day weather forcast.
damosa, you are ignorant. Your contrarian views are childish and incredibly naive.
The young woman in the article was “awaiting trial for stealing a woman’s purse after a meth binge and then violating probation.” She violated another person’s rights and property. She was obviously shown some mercy because she was on probation, she then violated the terms of her probation. Only a dumbass (like yourself) would defend her actions.
Again, boo hoo.
@BokChoy: You seem to think that jail should be a punitivie measure for criminals rather than a chance to rehabilitate the juveniles. Study after study has shown the mass ineffectiveness of this manner of behavioral correction methodology (http://www.wlu.edu/Documents/shepherd/acad…). Look at how we’ve won the War on Drugs for good examples of incarceration stopping people from committing more crimes. Also, if you’d read the goddamned article, you’d have noticed that juveniles being held in adult jails were being held there BEFORE they’d been convicted of a crime (to quote the article, “pretrial limbo, which can last over a year, the teens are held alongside adults”). So what you’re advocating for is that juveniles who have not been convicted of ANY crime be held in adult jails where they’re much more likely to be sexually assaulted or commit suicide. In case you’re not familiar with it, the Bill of Rights explicitly forbids this sort of thing (Sixth and Eighth amendments).
@Graham: your perspective is appreciated. It is tough for a minor to be held accountable for their actions by a very adult world, but accountability is required.
@BokChoy: No one is advocating that people not be held accountable for their actions; the question is in the methodology being used. The needs of juveniles are vastly different than the needs of adults (especially if we view jail as an attempt to rehabilitate people instead of simply being a punitive measure); therefore, by putting the juveniles in facilities for adults, we are exacerbating the creation of a new generation of criminals.
I’m going to (respectfully) disagree with those of you who feel this is a violation. Her needs were far beyond what a youth facility could have handled. She went on a meth binge and violated probation for ANOTHER crime she committed. Beyond this, the youth of today are not cut from the same cloth as the youth from previous days. They are far more savvy and manipulative; far more “adult” in many ways. I’m not saying the system isn’t flawed- I don’t condone guards furthering an already bad situation. What I’m saying is that we’ve got to stop people who want to “run in the big leagues” like children simply because of their age.
*stop treating
@Jenandtonic: Every generation of youth is considered the ‘worst ever.’ Which is a lie Every. Single. Time. This essay does a nice job of providing some anecdotal proof: http://www.oblivion.net/oblivion/10/youth.… When you actually examine the arrest rates, you’ll find that youth crime has reached a 30 year low: http://www.ojjdp.gov/ojstatbb/crime/JAR_Di… So really, what you’re experiecing is nothing new; it’s just your own fears being projected onto scary “youth criminals” who don’t actually exist. Nice try though.
It’s a long-standing fundamental tenet of criminal jurisprudence that society is best served by diverting minors away from punishment and into rehabilitation. The human brain is still growing and developing at age 21, meaning that minors are eminently receptive to such correctional strategies a cognitive-behavioral therapy (not to be confused with the CBT in craigslist ads), which also works remarkably well with offenders over 30 years old.
Even should one choose to be an asshole and/or idiot and ignore the foregoing, BokChoy addresses (@2) someone who hasn’t had a trial, let alone been convicted of anything. Pretrial detention is only to ensure that a defendant doesn’t skip town, not for punishment. Punishment prior to conviction is anti-American.
I just have to wonder under what circumstances is it alright for a juvenile to be locked up in an adult jail (even awaiting trial, which can last a year or more sometimes) and subjected to sexual assault for ALLEGEDLY committing a minor offense? It’s just this sort of pro-cop/pro-jail fucked up mentality that’s lead to our “justice” system being in the state that it is in the first place!
If a teenage girl is on a meth binge, might it NOT occur to you that there’s some serious problems at home, in her life that go beyond her? WTF?!
Youth in asia understand our problems.
As someone who watched a family member go from a scared kid who made a mistake to a hardened criminal who has dead eyes and no emotion but survival after being thrown into general population at the age of 16 for being in the wrong place at the wrong time, all you who say this isn’t a bad thing can suck it. He had a chance at life. And now he’s going to get out when he’s 40 instead of of last year because he had to fight of those that were bigger than him.
The worst possible public policy is the best way to atomize internal superfluous populations. It takes your attention off policy creating institutions and on to your own myopic problems.
The age of enlightenment in reverse. You may have education and free time to criminalize large perennially infamous state protected rackets, but you have no money to compete in the legislation writing market.
Your problems are their solution. Disaster capitalism. Shock Doctrine. Plain old vanilla fascism. They use it because it works. Now go enjoy being sexy. Even better, revel in making snap decisions of other people’s worth.
As someone who works in a jail, I can say it is about time Oregon realizes how sadistic it is to lodge juveniles with adult felons. Recently we had a Measure 11-accused youth lodged in our facility. I was instantly alarmed to find that we would be responsible for housing the teen until sentencing, as it would mean he would be socialized with adults and exposed to possible violence and abuse. The nature of abuse is complex, and it is easy to assume that someone so young who commits abuse was most likely also exposed to abuse at a young age.
(From http://www.practicenotes.org/vol7_no2/unde… “There are a host of theories that have been proposed to explain why some children and teens sexually abuse others. Although there is no clear and simple formula for how this happens—sexual offending behaviors are extremely complex—the theory most widely accepted today is known as the “learning theory,” which holds that sexually abusive behavior in children is linked to many factors, including exposure to sexuality and/or violence, early childhood experiences (e.g., sexual victimization), exposure to child pornography and advertising, substance abuse, heightened arousal to children, and exposure to aggressive role models/family violence (Ryan & Lane, 1997). “
Most concerning, accused sex offenders are often isolated from other violent offenders as they can become the target of assault in the correctional setting. These inmates often suffer from a plethora of underlying mental health disorders, often undiagnosed and/or untreated. A study published by the Journal of Clinical Psychiatry has found that male sexual “offenders were six times more likely to have ever been hospitalized for a mental illness,” (SOURCE: Journal of Clinical Psychiatry, April 2007.) Because of safety concerns, this vulnerable population is often lodged in an isolated unit separate from those accused of other various crimes. What this means is that the safest place to house a juvenile sex offender in an adult facility is with other adult sex offenders, in other words, old men who tend to prey on young teenage boys.
This formula is absurd at best, and really just an example of the depravity of a broken justice system. I applaud HB 2707 for acknowledging this issue, and remembering that juveniles are at a developmental stage in which reformation is still plausible. The “lock em up and throw away the key” attitude is bankrupting our communities, and should never be considered a solution to societal problems. It is lazy, ignorant, and just plain stupid, not to mention immoral.
(From http://www.practicenotes.org/vol7_no2/unde… “There are a host of theories that have been proposed to explain why some children and teens sexually abuse others. Although there is no clear and simple formula for how this happens—sexual offending behaviors are extremely complex—the theory most widely accepted today is known as the “learning theory,” which holds that sexually abusive behavior in children is linked to many factors, including exposure to sexuality and/or violence, early childhood experiences (e.g., sexual victimization), exposure to child pornography and advertising, substance abuse, heightened arousal to children, and exposure to aggressive role models/family violence (Ryan & Lane, 1997). “
Most concerning, accused sex offenders are often isolated from other violent offenders as they can become the target of assault in the correctional setting. A study published by the Journal of Clinical Psychiatry has found that male sexual “offenders were six times more likely to have ever been hospitalized for a mental illness,” (SOURCE: Journal of Clinical Psychiatry, April 2007.)
I have no problem housing 16 and 17 year olds in adult prisons, but they should be kept separate. Separate but close enough to see what’s going on and how terrible a place it is. I have no sympathy for criminals but i don’t think they’re without hope. Maybe a “Scared Straight” experience will keep them from committing more crime in the future.
@DanW: It is clear you have no knowledge of the correctional setting. “But they should be kept separate” means isolation, or lock-down. It is often issued as a punitive means. The fact is that these are still teens, and placing a teen on 24hour lock down for safety reasons if basically cruel and unusual punishment. Jails house anywhere from 25-70 people in the same unit. There are no separate housing facilities. When there is one of two “special cases” (ie-juvenile offenders) they still must work with what they have. Making idealist statements may be a fine practice at the local Starbucks, but it has no worthy application in the real world.
@ DanW,
That “scared straight” theory has been completely debunked. Repeated studies show that shit doesn’t work at all! And it’s simple to figure out why: MOST people in jail/prison either didn’t think they’d get busted, or made dumb mistakes, or got rail-roaded by a “judicial” system that eagerly exploits every known descrimination there is and banks on profit.
All those “scared straight” programs of the 1980’s and ’90’s were bandaids placed on the wrong wounds at best, out-rights frauds designed to hoodwink a niave public at worse.
Pardon me for interrupting, are we talking about young adults breaking windows and stealing cars? Or are these poor little sixteen year old holding a stolen gun to your daughtrers head while he and his buddies serial rape her while they go through your belongings…Are we patiently waiting for 12 people to agree that this underage person is a piece of shit. I say we put the PARENTS in with them, to better protect them…Could you imagine going to jail with and for your child…PROBLEM SOLVED.