A new national study reveals stark disparities in the treatment of young people in juvenile facilities, with neurodivergent youth of color facing the highest risk of physical assault by staff.
The research, based on federal survey data of youth in custody, highlights what advocates call the “criminalization of disability,” from autism to ADHD and more.
Emily Widra, senior research analyst for the Prison Policy Initiative, said the drivers of victimization are the same as those behind their overrepresentation in the system.
"There is a criminalization of all sorts of different behaviors that may be associated with neurodivergence – with specific diagnoses, like autism, with behavioral concerns – can be overrepresented in the criminal legal system because of sort of the criminalization of disabilities, mental health concerns," Widra explained.
The national findings, based on a 2018 survey of nearly 7,000 young people in custody, highlighted a problem even in smaller state systems.
Widra pointed out the overrepresentation of vulnerable young people in the system begins long before confinement, which mirrors patterns in the adult justice system.
"Policing and criminalization disproportionately target people of color, and so we see that in the youth system," noted. "At every step of the process, youth of color are more likely to be referred to the criminal legal system by the school. They're more likely to be arrested; they are more likely to be adjudicated, which is the equivalent of a sentence."
Widra’s primary recommendation was to drastically reduce the number of young people in confinement, noting racial disparities have worsened even as overall numbers have declined.
