Despite increased attention to research-informed probation policy and practice, racial disparities in juvenile probation persist, and our knowledge about the significant differences in juvenile probation policies, practices, and funding structures across states and localities is limited. To address this knowledge gap, the Urban Institute conducted a national scan of variation in juvenile probation policy and practice within and across states. This brief summarizes our analysis and key findings.
Our study included a review of literature and surveys of representatives of state and local juvenile probation agencies. We looked at variation in policy and practice between localities within states and the extent to which local survey respondents agreed with state respondents regarding diversion, disposition, supervision practices, fines and fees, court costs, restitution, data collection and sharing, and partnerships.
Our findings indicate much variation in juvenile probation policy and practice across states, within regions, and within states. In addition, state and local respondents in the same states seem to disagree on how much oversight states have of different juvenile probation policies. We found there was more variation and less state influence in diversion practices, whereas there was more consistency and more state influence in disposition practices and data collection and sharing. Regarding supervision, we found more variation and less state oversight in conditions of probation and incentives and sanctions, and we found more consistency and more state oversight in case management and probation violations.
These levels of variation and disagreement may indicate a limited understanding of local policies and practices at the state level, which could inhibit states' ability to implement and oversee policies at the local level and to provide resources localities need. Using our findings, we developed recommendations and key considerations for federal, state, and local policymakers and practitioners seeking to improve juvenile probation policy and practice.
