Do not incarcerate children.

Locking up a child puts their physical and mental health at great risk. It is a traumatizing experience that often worsens a young person’s behavior and increases the likelihood of reoffending. It’s also incredibly expensive for being so ineffective: the amount of money budgeted for New Orleans’ juvenile jail in 2020 is nearly three times the amount budgeted for early childhood education. This would not be the case if we reserved incarceration for the rarest circumstances and instead supervised and supported the vast majority of children in the community.

  • If a child is arrested, release should always be the presumption. The vast majority of children should either be sent home with a summons or referred to a diversion program.

  • Decisions to detain a child should only be made using trauma-informed, objective criteria.

  • Support a city ordinance to prohibit the jailing of children 13 years old or younger. While jail is not safe for any child, the youngest are the most vulnerable.

  • Do not sentence a child to time in juvenile prison without clear and convincing evidence that the child’s treatment cannot be accomplished in a less restrictive setting.

  • If a child is incarcerated, either before or after trial, bring them home as quickly as possible. In the meantime, ensure that facilities keep children connected to their families and provide high-quality education, programming, and medical and mental health treatment to facilitate rehabilitation.

Use restorative justice in lieu of prosecution as often as possible.

Restorative justice is a process in which the survivor of a crime and the responsible party willingly come together to address the harm done and agree on a plan to repair it. In contrast to the traditional criminal legal system, restorative justice requires the child to work with the survivor to make amends. It has been shown to reduce reoffending and increase satisfaction for survivors. Children in particular benefit from learning how their actions affect another person, and how they can make amends.

  • Offer restorative justice in all cases, for all offenses, and at any time (ideally pre- trial) if both parties agree.

  • Offer restorative justice as soon as possible after the incident. Doing so provides immediate consequences for children and enables them to make reparations in a timely manner.

  • Do not prosecute a child if they successfully complete the process and fulfill their agreement with the survivor.

  • Ensure that restorative justice services are provided by trained community groups.