Sociology 2267A/B Chapter Notes - Chapter 10: Juvenile Court, Young Offenders Act, Estonian Kroon
30 Apr 2018
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Chapter 10- Youth Corrections: Going to Jail:
Introduction:
• Stats CN reports rates of youth in system per 10,000 in youth pop (12-17) and by number
youth in correctional system- avg daily counts, monthly avg daily counts and total
number admissions (one year)
• Admission figures measure how many youth moving through custody, receiving
programs and exp system
• Counts tell about capacity and use to correctional institutions and probation officials for
admin and operative purposes- counts higher than admissions= entering system faster
being released
• Rates reflection youth pop as whole and make sense when interested in police crime stats
• Corr rates can be compared w crime year to year/ b/w jurisdictions see if some provs/
territories more/ less likely others use custody/ probation
• Admission rates increase w age and are highest boys 17 and girls 16- boys account more
than 3/4 admissions
• More youth in custody on remand (hold prior court appearance/ trial) and majority youth
in system are on probation
• Disprop admissions found aborig youth, in 2010-2011 accounted 6% youth pop, yet
accounted for 26% overall admissions correctional system, rep 24% boys admissions and
34% girls admissions
• Custody costs avg $80,000/ year keep young person in custody- costs vary prov and
security level
• Supervising young offender in comm through programs like probation approx $600-
$700/ person
Historical foundations:
• Practice keeping adults and youth separate corr facilities laid 1857 w passage Act for
Establishing Prisons for Young Offenders- first facilities fell short expectations and
became primarily institutions work and punishment
From reformatories to industrial schools:
• Children in need (poor, neglected and del) be prevented becoming criminals if received
care and edu and taught trade through industrial training- 1927, 24 indust school CN
• Half day spent in school and other half spent learning gendered trade
Training schools:
• Officially designated industrial training schools= turn 20th cent known training schools-
more built, use increased- numbers began decline after 1949- provs began restrict use
• Reintroduced custody was to be used only for “hardcore” offenders and for the purpose
of “protection of society”/ only youth offence adult sent prison could be sent custody
• Dev comm progs and group homes 1970s further reduced use training schools
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Youth centres:
• Corr systems young people underwent struct and procedural changes w intro YOA- 2
levels custody est, secure and open and court required set level custody at sentencing
• Sent murder conviction in youth court, set period comm supervision also required after
youth released from custody
• Court est level custody, provs given power designate which of facilities classify open
(lim restriction on movement) and secure (max restrictions on movement)= variation
• ON and NS unique implementation YOA created split jurisdiction, 12-15 y/o (youth
jurisdiction and processed fam court like JDA) processed dif 16-17 y/o (adult court under
YOA restrictions)- all processed through fam court now
• All secure-custody sent M 16-17 served NS Youth centre, 12-15 Shelburne Youth Centre
and all F sent secure custody held Shelburne regardless age- since YCJA all at NS Youth
Centre regardless age/ gender
• ON, Phase I youth (12-15) jurisdiction Ministry Comm and Social Services and Phase II
youth (16-17) handled Ministry Solicitor General and Corr Services- jurisdiction some
areas combined F off= now Ministry Children and Youth Services
• YCJA doesn’t require youth court specify level custody for young off- still Lieutenant
Governor in Council who det facility custodial levels, but now prov director who det
level custody served by each young person rather than court
• YCJA paves way individ custodial sents and prov facilities be dif by multiple security
levels and variety progs and intervention methods
Custody provisions under the YCJA:
• YOA custody mostly perceived and used end in itself= number aftercare issues
• YCJA custody no longer entity unto itself but exists part larger system progs and comm
supervision designed rehabilitate and reintegrate young off back into comm law-abiding
people
• YCJA refers custody as the custody and supervision system and clear purpose welfare
and restorative- still ultimate obj one of crime control= contribute protection soc
• Youth serving custody sentence now required serve latter proportion sent in comm under
supervision
• Conditional supervision order- requires person under supervision abide by part conds set
by court (eg attend drug/ alch rehabilitation programs)
• Prov director required bring young person to youth justice court before custodial portion
sent expires, for court set specific conds conditional supervision- nec conds include:
o Keep peace and be of good behav
o Appear before youth justice court when required
o Be under supervision prov director/ designate
o Inform prov director when arrested/ questioned by police
o Report to police as instructed
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o Advise prov director any change in address, employment, vocational/ edu
training, vol work, fam/ financial sit and any changes might affect ability comply
w conds order
o Don’t own, possess/ have control any weapon, ammunition, prohibited device/
explosive substance
o Comply w any reasonable instructions prov director considers nec
• Not reduction time served in custody- can put many restrictions/ conditions aprop
promote reintegration
• Deferred custody and supervision order- permits judge sentence youth to term in custody
(max 6 months) and also specify sent deferred in fav youth serving duration sent under
cond supervision in comm (sim house arrest option adults)
• Violation conds in does involve new charge breach, but rather poss youth incarcerated-
slow adopt but use increased
• Can only be used case actually qualifies custody and is often used in recog youth’s active
efforts turn life around
• Intensive rehabilitative custody and supervision order- reserved youth convicted most
serious violent offences-murder, attempted murder, manslaughter, aggravated sexual
assault- or youth who is repeat off and conv serious violent off adult liable more 2 years
in prison (custody term in facility designed be rehab institution)
• YCJA also requires court est 3 other conds limit use:
o Young person suffering mental illness/ disorder, psych disorder/ emotional
disturbance
o Plan treatment and intensive supervision dev and reasonable grounds believe plan
might reduce risk young person repeating off/ committing serious violent off
o Prov director det intensive rehab custody and supervision prog avail and
participation approp
• YCJA requires youth worker assigned every youth sent custody= resp dev plans
reintegration into comm include most effective progs young person, and supervising and
providing support youth released custody and under supervision in comm (implies same
caseworker duration sentence)
• YOA allowed temp absences and day release (escorted/ unescorted) up to 15 days-
releases granted medical, compassionate, humanitarian/ allow youth attend school, find
job/ participate in rehabilitative training/ treatment progs
• YCJA= reintegrative leave- extends release 30 days can be renewed any number times
Youth custody issues:
• YOA= concerns use custody, how many and which youth sentenced terms custody/ held
detention and for what offences
• YCJA= liability adult sent for youth and how be served- now issues approp institutional/
custodial env young people, esp in adult instit (returned Victorian reformers concerns
worked get children and youth out CJS)
Changing the use of custody:
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Document Summary
34% girls admissions: custody costs avg ,000/ year keep young person in custody- costs vary prov and security level, supervising young offender in comm through programs like probation approx - Historical foundations: practice keeping adults and youth separate corr facilities laid 1857 w passage act for. Establishing prisons for young offenders- first facilities fell short expectations and became primarily institutions work and punishment. Yoa restrictions)- all processed through fam court now: all secure-custody sent m 16-17 served ns youth centre, 12-15 shelburne youth centre and all f sent secure custody held shelburne regardless age- since ycja all at ns youth. Changing the use of custody: on any given day, more than half youth in custody (56%) in remand, daily counts youth serving custodial sentences decreasing steadily since implementation. Provincial variation: all provs showed increases b/w 1990-1995 in number youth in custodial facilities-
