By
Erika Slife and Duaa Eldeib, Chicago Tribune
December
9, 2011
For
decades, Cook County's Juvenile Temporary Detention Center has been blasted as
a depot for children who were locked up in violent, unsanitary, overcrowded
conditions without much consideration given to their mental or physical
well-being.
Even
after a landmark lawsuit, child advocates say the hulking off-white building on
the Near West Side serves more as a jail than a temporary residence for youths
waiting to see a judge.Now County Board President Toni Preckwinkle is pitching
a new approach for a juvenile justice system that as recently as four years ago
was so broken, a federal judge brought in an outsider to take it
over. "I think we need to do everything we can to empty this building
out," Preckwinkle said Thursday after touring the facility.
That
means putting children in group homes, monitored home confinement and other
community-based programs where advocates say youths have better opportunities
for counseling, job training and other life-skill instruction. "What
we need to do is have a number of smaller, secure safe homes for kids scattered
around the county rather than having one huge juvenile prison,"
Preckwinkle told the Tribune. "It's a prison for kids. It's an
inappropriate setting for almost everybody who's here."
In a
way, the county that created the nation's first juvenile court is returning to
its roots. Back in 1899, county leaders pursued the progressive notion that
children were different from adults, and their legal system should focus on
reform rather than punishment. The idea was children, by their nature, were
less culpable and more amenable to rehabilitation. "It was a
significant breakthrough," said Bart Lubow, director of the Annie E. Casey
Foundation's juvenile justice strategy group, which brought a national reform effort
to the detention center in the mid-1990s. "The core notion that there
should be a different kind of jurisprudence for children who break the law was
a radical, worldwide reform."
Advocates
note vast improvements at the detention center in recent years under Earl
Dunlap, the federally appointed transitional administrator and renowned expert
in juvenile justice. Preckwinkle and Commissioner Bridget Gainer argue the wise
investment is in rehabilitation and alternative detention programs, not
imprisonment. "This is not baby jail," said Gainer, D-Chicago.
"When you're there, you see you cannot write off a 10-year-old or a
12-year-old or even a 15-year-old. The thought that the ship has sailed for
these kids is wrong." To be sure, the detention center often holds
the most dangerous and most problematic youths, from alleged murderers to
serial delinquents. Police and judges send children there for a number of
reasons, typically based on a formula that factors in the severity of their
alleged crimes, criminal history, and even home and family situations.
On
average, 300 to 350 children a day are locked up in the 498-bed detention
center, down from a peak of 800 children in the early 2000s, Dunlap
said. Ultimately, any decision made about the detention center's direction
will be up to Circuit Court Chief Judge Timothy Evans, whose office was handed
control of the center by the Illinois Legislature in 2007. Dunlap said he will
likely begin to transition the detention center back to Evans in late
2012. Evans said Preckwinkle's goals are similar to what his office has
been pursuing since it took over the detention center, encouraging juvenile
division judges to consider alternatives to detention.
"While
saving revenue is important, I have to start with the commitment to justice and
safety and stopping the cycle of violence," Evans said. "If we do
that right, the result is the savings to the taxpayer and to the county. In
that sense, I think that President Preckwinkle and I will end up in the same
place." Advocates and experts believe that up to 45 percent of the
youths housed there today -- the ones there for seven days or less, typically
for probation violations or outstanding warrants, for example -- pose no threat
to the public.
The
county estimates it costs $616 a day for a child to stay in the detention
center. That's nearly $225,000 a year, more than the cost of four years at a
private university, Preckwinkle likes to remind people. Preckwinkle said
she's making the detention center a top priority next year. She's pumping an
additional $800,000 toward alternative detention programs, which often offer
better and more affordable access to social services.
Her
budget calls for closing one of the facility's eight in-house centers, each of
which houses roughly 45 children, to shave $1.3 million from the detention
center's $45 million operating budget. Meanwhile, Gainer has worked
closely with detention center administrators to organize a book drive to fill
the shelves of the library and has initiated the idea to push back the start
time at the center's school to increase learning. This month, Gainer
successfully sponsored an ordinance to establish an advisory board tasked with
overseeing the children's transitions from the detention center back to the
real world.
"It's
the absolute stated mission of the juvenile temporary detention center to be
something in place of the parents. It's not just about punishment," Gainer
said. "There are 10-year-olds in the (center), and it's not just because
they did something wrong, but it's because the adults around them completely
failed them." Indeed, they were once called "the forgotten
children."
Conditions
at the detention center were so dreadful that in 1999, the American Civil
Liberties Union sued the county on behalf of the children. "The place
was a filthy, overcrowded, violent, chaotic mess," said Benjamin Wolf,
associate legal director for the ACLU of Illinois, who referred to the children
as forgotten. That followed a lawsuit more than a decade earlier, in which
the ACLU asserted that youths were being held at the center well after a judge
ordered their release because parents and guardians didn't claim them. Some
spent up to a year waiting. The 1999 lawsuit was a major step toward
reform, but change took years. In 2007, then-County Board President Todd
Stroger relinquished control of the center to Chief Judge Evans, and Dunlap
came in.
Dunlap
was lauded for transforming a patronage-based hiring system, bringing in more
professional staff and working to reduce the number of children detained, said
Thomas Geraghty, the court-appointed representative in the case and director of
the Bluhm Legal Clinic at Northwestern University. The staffing plan ran into a
court challenge by the Teamsters, however.
Randolph
Stone, who directs the Criminal and Juvenile Justice Project at the University
of Chicago, said more needs to be done to divert youths who shouldn't be there,
as well as to shorten the length of stay and strengthen community placement
options. "All the literature seems to say that residential
confinement is a last resort in terms of ameliorating the issues that brought
the kids in there in the first place," said Stone, a former county chief
public defender. Last year, the John Howard Association found that the detention
center's population remained "inappropriately high," some staff
members were untrained and underqualified, and there continued to be a lack of
a continuum of care. The challenges remain daunting, advocates
said. "The children that I represent who wind up there for the first
time are frightened," Geraghty said. "They're frightened of the other
kids, of the staff. ... It has to be a terrible experience for kids who are in
there for the first time or who go back and forth many, many times for that
matter." With Dunlap's temporary position nearing an end, speculation
and apprehension abound. "I think the situation (at the detention
center) was in many ways the shame of this community for many, many
years," Wolf said. "I'm hoping with the hard work that Mr. Dunlap has
done, what President Preckwinkle has said and the work of many people in the
court system, it'll be a place we can point to with pride."
During
her Thursday tour, Preckwinkle fell back into her role as a former teacher,
quizzing 19 boys and girls about government and its functions. And then she
made them a pledge. "If I were here, I would do everything in my
power never to come back," Preckwinkle said. "I'm going to do
everything in my power to see to it that as few people as possible end up in
this place. You ought to do everything in your power to see that you never come
back."
Copyright © 2011,
Chicago Tribune