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Bar News - January 21, 2005


NH Courts Respond to Teen Drug Use and Juvenile Crime

As a result of the growing arrest rate for drug-related juvenile crime, New Hampshire has created five juvenile drug courts, four of which are in full operation and have succeeded in getting teens into treatment programs. As a recently released report indicates, this is a critical need for the Granite State.

According to a December 2004 report published by the New Hampshire Center for Public Policy Studies, 12 percent of New Hampshire teens have a serious drug or alcohol problem-or both. "Teen Drug Use and Juvenile Crime in New Hampshire," by Katherine Merrow, Senior Research Associate at the Center, describes the seriousness of the findings and what the courts have done.

Two recent surveys indicate that New Hampshire teens use drugs at rates significantly higher than their national counterparts. One ranks New Hampshire among the top ten states in the nation in terms of the proportion of the juvenile population abusing drugs or alcohol. This survey also found that New Hampshire is among the top ten states where teens were needing-but not receiving-drug abuse treatment.

New Hampshire is now the ninth highest in the nation for drug-related arrest among teens. Arrests nationally dropped from 1997-2001 by 16 percent, but in New Hampshire, they rose by 28 percent over the same time period. Some communities do not report arrests to the state, so the arrest rate is based on charges filed. While total delinquency charges decreased during this period, drug charges increased by 60 percent.

Both surveys mentioned above discovered that the use of marijuana among New Hampshire teens is among the highest in the nation. Nationally, marijuana use among teens decreased by 2 percent from 1995-2003-but in New Hampshire it increased by 14 percent. In 1996, 6 percent of teens had tried marijuana by age 13, but by 2003 that figure had risen to 11 percent. The numbers are significant because research has determined that early use increases the likelihood of addiction. Charges for alcohol possession among youth has increased, also.

While illegal drug and alcohol use may be high among New Hampshire's young people, the vast majority of drug-using youth never come in contact with the justice system. Of those who do, the outcomes may vary significantly depending on which court hears the case and on the juvenile offender's race. Minority youths have contact with the system at higher rates than their representation in the general population. Of all youths charged, 18 percent are diverted into one of the states juvenile diversion programs, but minority youths are less likely to be diverted than Caucasian youths. African-American youths are three times more likely to be arrested and more than twice as likely to go into the YDC (Youth Development Center) rather than into diversion programs.

Nationally, 80 percent of young offenders have problems with either alcohol or drugs.

In New Hampshire the percentage is unknown, because neither the courts nor the DJJS (Department for Juvenile Justice Services) has routinely asked about such problems. Therefore, the DJJS has begun working on a program to screen youths and to build on each juvenile offender's strengths. This process is part of the "Reclaiming Futures" initiative in the district courts.

Supported by the Department of Health and Human Services and operated in cooperation with the New Hampshire District Courts, four juvenile court-established drug centers (in Plymouth, Laconia, Nashua and Concord) are showing great promise. A fifth one in Claremont is just starting up. These programs provide intensive alcohol and drug treatment to youth in their communities, with strict court supervision and sanctions. The Center's analysis of this program to date indicates that the four courts serve about 45 non-violent offenders per year. Fourteen percent of those participating are minority offenders and nearly a third are girls. The average age is 16.

Of the 84 youths admitted to drug court through July 2004, 59 percent have graduated. On average, participants stay in the program for seven months. This means that the courts are succeeding in their efforts to get young offenders into treatment programs and in keeping them there for an extended period-a significant accomplishment given that studies show the median treatment duration for adolescents is usually about six weeks; in many programs, half of the attendees drop out after only a few sessions.

To date, the "Reclaiming Futures" program has:

  • Trained providers around the state in new clinical methods.
  • Connected about 25 drug court youths to positive activities in their communities and trained community groups.
  • Initiated collaboration between the courts and DJJS to institute the new court protocol.
  • Provided direct supervision to drug-court staff.
  • Supported the opening of and training for the new Claremont juvenile drug court.
  • Led the effort, along with DJJS, to apply for federal grants.

A copy of Merrow's study may be obtained from the Center by visiting the Web site: www.nhpolicy.org or by calling 603/226-2500. Over the next two years, the Center will try to answer some of the questions raised by the Teen Drug Use study and identify which public and private strategies are most likely to succeed.

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