Press Release  Treating Youth as Youth: New Report Calls for Pretrial Reforms to Better Support Young People

Boston, MA — The Juvenile Justice Policy and Data (JJPAD) Board has released a new policy report today calling for reforms to the pretrial phase of the juvenile justice system in Massachusetts. The pretrial phase is when a youth has been officially charged with a crime but has not yet gone to trial or otherwise resolved their case.

The report issued recommendations aimed at ensuring that the state’s pretrial system, which affects thousands of youth each year, promotes equity and positive outcomes for youth defendants, protects alleged victims and witnesses, and supports the professionals doing this work. While the Commonwealth has made significant strides in reducing youth detention in recent years, the pretrial process has received far less attention, despite its critical impact on young people’s futures and public safety.

“Youth are not adults, and our justice system must reflect that reality at every stage,” said Maria Mossaides, Director of the Office of the Child Advocate and Chair of the JJPAD Board. “If we treat youth as youth and support them appropriately during the pretrial process, they are more likely to thrive, and our communities are more likely to be safe.”

This report is particularly timely in light of the increase in juvenile justice cases in Massachusetts following the COVID-19 pandemic. Although the overall numbers of youth in the juvenile justice system remain slightly lower than pre-pandemic levels, there has been an increase over the last two years in both the number and proportion of cases assigned pretrial conditions of release. Between Fiscal Year (FY) 2021 and FY23, the number of cases assigned pretrial conditions of release more than doubled, rising from 628 cases in FY21 to 1,316 in FY23.

The data also shows a concerning shift away from releasing youth on personal recognizance, with more youth being given release conditions (which can include restrictive conditions such as home confinement and GPS monitoring) and placed on pretrial probation supervision.

Key findings of the report include:

Developmental Appropriateness of Pretrial Conditions: The Board's report finds that pretrial conditions for youth are often developmentally inappropriate and not tailored to their individual circumstances, leading to higher rates of violations and system involvement. The report emphasizes that “kids are different,” yet the current pretrial system fails to account for their unique developmental needs. Adolescence, the period when youth are typically involved in Juvenile Court (ages 12-17 in Massachusetts), is a critical stage of brain development. This makes certain pretrial conditions especially challenging for youth to follow. Many violations occur not because of willful disobedience, but because the conditions are either unsuitable or unattainable for a young person.

Extended Court Processes: Cases often take much longer than the standard 6-8 months to resolve, with some lasting years. This prolonged involvement increases stress for youth and their families, disrupts educational and social opportunities, and erodes trust in the judicial process for victims and witnesses. One must consider that for youth, a year is a much more significant period of time than for an adult.

Equity Concerns: The report documents disparities in how youth of different racial and ethnic, gender, and LGBTQ+ identities are treated during the pretrial phase, as well as variations in practice across counties.

Harmful Practices: Overuse of restrictive conditions like home confinement and GPS monitoring can lead to negative mental health outcomes, reduced access to prosocial activities, and a “labeling effect” which increases the likelihood of recidivism. These practices offer little proven benefit to community safety or victim well-being.

Additionally, the report identifies significant gaps in clarity within the laws, policies, and practices that guide this phase of the system.

“When a youth is court-involved for an extended period of time, particularly when that involvement includes restrictive pretrial release conditions, they miss critical academic and social opportunities, face the stress of a looming court decision and the accompanying mental health impacts, and often experience delays in receiving services and treatments that could help prevent delinquent behavior,” Melissa Threadgill, Senior Director of Policy and Implementation at the Office of the Child Advocate, said.“At the same time, the impacted community, including victims and witnesses, experience disruptions of their own, and their trust in the judicial process can erode.”

Recommendations for Change
The JJPAD Board’s report outlines critical recommendations, including:

1. Reform conditions of release: Improve how conditions of release are set and revisited to ensure they are fair, effective, and aligned with youth development. The state should offer clearer guidance for judges on research-based best practices and conduct regular trainings for all juvenile justice system practitioners. 
    
2. Increase “intermediate” pretrial supervision and service options: The Board identified that there are subsets of youth who would benefit from more intensive services and supports to help them be successful during the pretrial phase and prevent youth detentions as a result of a violation of pretrial release conditions. 
    
3. Divert more youth: Continue to expand diversion programs to help youth access treatment services sooner while reducing court involvement.

The Board also noted that the Commonwealth must track reforms for effectiveness, equity and fairness to all parties, including victims.

“Ensuring appropriate pretrial supervision for youth will reduce the harm they experience during this phase and improve public safety. The better youth are supported during this time, the less likely they are to engage in delinquent behavior and the safer our communities will be,” stated Mossaides.

The full report detailing the Board's findings and recommendations is available on the JJPAD website.

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About the JJPAD Board

In April 2018, the Legislature passed An Act Relative to Criminal Justice Reform, which created the Juvenile Justice Policy and Data (JJPAD) Board under M.G.L. Chapter 119, Section 89. The Legislature charged the JJPAD Board with evaluating juvenile justice system policies and procedures, making recommendations to improve outcomes based on that analysis, and reporting annually to the Governor, the Chief Justice of the Trial Court, and the Legislature. The statute creating the JJPAD Board also placed a special emphasis on improving the quality and availability of juvenile justice system data. The Child Advocate chairs the JJPAD Board and the Office of the Child Advocate provides staffing for the Board’s work.

https://www.mass.gov/juvenile-justice-policy-and-data-board

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