Youth Corrections & Probation Overview

Youth Corrections & New Issues

• Restorative Justice: Focuses on victim's rights and relational justice, involving meetings between victims, offenders, and community members to discuss the crime's impact, and reach an agreement. Communication between all parties is key.
• Restorative Justice (continued): Possible options include apology as a way of amends, restitution for the offense, and a focus on changing the offender's future behavior while respecting all parties involved.

Probation - Mandatory Conditions

• Mandatory conditions: Require offenders to maintain peace, good conduct, and appear in court as required.
• Youth Criminal Justice Act (YCJA) conditions: Prohibit possession of weapons and explosives. Other conditions ensure good conduct. Prohibits/controls various behaviours.

Probation - Additional Conditions

• Additional conditions: Include reporting to a probation officer, attending school, residing at a specified address, and reporting any changes of address. Other conditions include prohibiting certain behavior.

Total Institution - Goffman (1961)

• Total institution: Goffman's concept where all aspects of an individual's life are regulated within the same setting. This encompasses a regulated hierarchy, loss of individual autonomy, and the structured nature of daily life.

Youth Prison - Change with YOA

• Secure custody: Requires substantial restrictions on movement inside & outside the facility.
• Nonsecure (open) custody: Allows fewer restrictions on movement, with supervised activities. Newer legislation affects classification in many provinces.

Youth Centres

• Ontario Youth Centres: Custody is determined by age (12-15/Phase 1 & 16-17/Phase 2), with provincial directors having decision-making power. The YCJA ensures all provinces have both levels of custody.

Youth Offender Act (YOA)

• YOA Issues: Reliance on custody is problematic, particularly for non-violent offences, where short periods of time in custody are used. Higher rates compared to US, and no differentiation between violent and non-violent crimes.

Custody Sentences - Negative Effects

• Costs: Custody is costly.
• Other Negative Effects: Includes interruptions in education, higher rates of disciplinary infractions, bullying, trauma, and increased risk of suicide.

Custody for Youth (YCJA)

• Conditions: Offenses (violent/indictable) & past non-compliance with youth custody arrangements (previous convictions, probation violations etc.) determine if custody is likely required. It is reviewed yearly by a court, possibly with a judge's jurisdiction.

Cost of Custody

• Yearly average cost (per youth): Approximately $80,000
• Costs of Various Programs: Community residential programs cost between $8,000 to $12,000 per year. High security programs can be up to $126,000. Intensive supervision is more expensive ($7,000).

Race & Ethnicity Issues

• Systemic Issues: Potential for discrimination (police and courts) and the effects on sentencing. There may be a disproportionate likelihood of receiving custody sentences when considering factors such as poverty.
• Indigenous Youth Issues: Colonialism's effects, social problems, and issues affecting children from mixed or Indigenous backgrounds

Indigenous Youth - Role of Culture

• Indigenous Culture vs. Non-Indigenous Cultures: Differences are discussed in respect to problems and expectations. Core beliefs include not burdening others with problems, present/future focus, collectivism, and focus on healing.
• Indigenous Issues: Problems faced by Indigenous youths are outlined.

Challenges of Working with Delinquent & Aggressive Girls

• Working with aggressive girls: Issues faced by youth workers, such as demeaning language, physical aggression, touching, and isolation from staff.
• Custody: Addressing issues, such as disproportionate use of custody, inadequate programs, as well as paternalistic decision-making.

Rethinking Correctional Responses to Girls

• Constitutional issues: Protecting the rights of detained youth is a major consideration. Provincial laws and their role in protecting girls is also reviewed, and the impact of apprehension on girls once they are released.

Poverty and Marginalization

• Marginalization: Poor and marginalized youth are disproportionately represented in the justice system, often for reasons like runaways or prostitution.
• Solutions: Providing adequate support and alternatives to incarceration may be important

Options (other)

• Foster Care as a Alternative: foster care, group homes (differentiated) as options. Programs may not be sufficient for all youths.
• New Issues (YCJA): Age and accountability, pretrial detention, and release conditions.

Parental Rights/Supports & Cross-over Kids

• Parental rights: Parental rights issues and adequate support for parents and youth.
• Cross-over kids: Youth who move between welfare and the juvenile justice system (under the age of 12). Youth in conflict with multiple agencies can be problematic.