After complaints, Michigan seeks new system to guide youth incarcerations

• Michigan officials are replacing a system to evaluate juvenile offenders that some feared targeted youths of color
• The state now uses a tool that makes it more likely to detain minors who have a ‘negative attitude’ to police or relatives with arrests
• Request for bids comes nearly a year after a Bridge Michigan investigation

Michigan will change how it determines whether juveniles charged with crimes are incarcerated, following criticism that reforms would increase detention rates for youths of color.

State court officials are seeking bids for a new tool to screen minors under arrest, nearly a year after a Bridge Michigan investigation highlighted concerns that the system meant to reduce incarceration rates was biased against minorities.

One advocate said Bridge’s reporting “for sure” influenced debate about the screening process and decision to make a change.

“In the field of juvenile justice, the news gets passed around quickly and circulated,” said Jason Smith, executive director of the Michigan Center for Youth Justice. 

Legislation that took effect last October called for a standardized system to determine whether the roughly 10,000 minors arrested in Michigan each year should be locked up after arrest or released to their parents while cases against them proceed.

To do that, the State Court Administrative Office (SCAO) chose a six-question screening tool built by the University of Cincinnati Corrections Institute designed to assess a juvenile’s likelihood of future delinquency.

The six-question screening tool used by law enforcement included three questions that critics say made it more likely for youths of color to be recommended for detention. Among the questions: Whether offenders had a “negative attitude” toward the justice system, difficulty controlling anger and relatives who had been arrested.

Some states that use similar screening tools, including Indiana, have attracted criticism for disproportionately detaining minorities.

Several court administrators who previously spoke to Bridge said they had no issues with pre-detention screenings as a concept, but were concerned that a youth’s answers to screening questions could be skewed if they’re sitting in the back of a police car in the middle of the night.

“In these systems, a lot of our kids just go with it…I could have been that kid,” said Bilal Al-Raed, a program mentor for The Delta Project, a west Michigan nonprofit assisting youths and young adults at risk or involved with the juvenile justice system.

Al-Raed, himself a former juvenile detainee, said the screening tool queries reminded him of a psychological evaluation he received while detained that resurfaced traumatic events in his life. 

He also feared the possible repercussions for minors who aren’t comfortable answering honestly, arguing that there’s “no need” to pose those questions to kids already navigating a complex situation.

A new tool

The request for proposals issued last week by the State Court Administrative Office calls for an evidence-based “customized statewide juvenile detention screening instrument” that can accurately predict a youth’s immediate risk to the public.

The new tool must “be tailored to Michigan’s youth and juvenile justice system and align with current requirements under Michigan law and court rules” and cost less than $300,000 to develop and implement. 

Interested bidders have until Aug. 28 to submit proposals, and the winner of the contract would have two years to bring the new tool online. 

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A court spokesperson acknowledged the open request for proposals, but declined further comment.

Rep. Amos O’Neal, a Saginaw Democrat who sponsored the screening legislation, previously called the state’s implementation “discriminatory,” pointing to possible scenarios where a low-risk minor is determined to be high-risk because of their family history and views about law enforcement. 

Mary Frank, O’Neal’s legislative director, said O’Neal was prepared to introduce legislation to change the screening process, but agreed to wait while state court officials worked on the issue internally. 

The formal request for proposals is an encouraging step, Frank said, because the office was “very open to conversations and open to compromise” to come up with a tool customized to Michigan.

“We are prepared, if that doesn't go the way that we feel it needs to go, to accomplish the legislative change that Rep. O’Neal feels Michigan needs to make,” Frank said. 

What’s next

Several advocates for justice-involved youths were optimistic about the state’s shift in direction on detention screening, though they noted the current screening tool will remain the state standard until a new one takes effect. 

Smith, of the Michigan Center for Youth Justice, said the bidding process for new plans will likely “lead to a more effective tool.”

“We wanted (the state) to pivot towards something that did not unfairly place kids in detention based on things that they couldn't control,” he said. “That's what an effective screening tool does, in our opinion.” 

Cole Williams, executive director of The Delta Project, said many minors and their families still aren’t aware of the current screening questions and potential impacts. 

In addition to input from courts, law enforcement, health experts and advocacy groups, he’s hoping the state’s reconsideration of detention screening allows for more input from community members directly impacted, including former justice-involved youths and their families. 

“We need a tool that really highlights the needs of youth and families, especially when we think about young people and their mental health,” Williams said, adding that it’s crucial “their voices are heard” when it comes to a tool that’s meant to support them.