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Research shows that the most effective way to reduce juvenile recidivism is to identify and address the needs driving individual youth’s delinquent behavior. Yet probation is typically based on monitoring youth’s compliance with a set of standardized conditions that are neither oriented around youth’s individual risks or needs nor developmentally appropriate. This sets youth up for failure, making them feel like they are being treated unfairly, and ultimately, undermines community safety and youth outcomes.

Juvenile court and probation practices are often implemented at the local level. Yet state laws and court rules—or lack thereof—can heavily shape the culture, policies, and practices of how youth are supervised and served. The CSG Justice Center conducted a 50-state landscape analysis to better understand whether and how juvenile probation conditions and/or related court orders are codified in statute and court rules. We also examined whether state policies guide the enforcement of these conditions, including the use of graduated sanctions, detention, and incarceration. Finally, we reviewed whether states require public entities to collect and report data on technical violations.

50-State Findings highlights key takeaways from our analysis, including four 50-state maps. In addition, we provide a set of key questions that we hope policymakers, courts, probation agencies, and other state leaders and advocates will use—in conjunction with the Breaking the Rules Toolkit—to guide and align a broad transformation in juvenile probation laws, court rules, and practices that will improve community safety and youth outcomes. 


Arnold Ventures CSG Justice Center
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Copyright 2024 The Council of State Governments. All Rights Reserved.

This project was supported by Arnold Ventures. Arnold Ventures is a philanthropy dedicated to tackling some of the most pressing problems in the U.S., specifically focusing on health care, education, criminal justice, and public finance.