Racial Disparities in the Kansas Juvenile Justice System

Racial inequity is unfortunately a pervasive problem in the United States’ criminal justice system. In 2016, African

American and Latinx persons represented 56% of the total inmate population in our country while representing only 28% of the United States’ adult population. Racial disparity is particularly present in the juvenile justice system. While the total population of youth committed to detention facilities fell by 47% between 2003 and 2013, the gap between white youth and youth of color in these facilities increased by 15%. The rates of disparity are much higher in Kansas than the national average.

In 2016, Kansas passed a comprehensive set of juvenile justice reforms known as Senate Bill 367. This legislation sought to reduce incarceration of youth in Kansas and increase funding for evidence-based community alternatives to incarceration. SB 367 set case and probation length limits for misdemeanors and low-level felonies, limited placement in state secure facilities for only high-risk youth, instituted community-based alternatives to incarceration, and created a reinvestment fund to provide money for those community-based alternatives, as well as many other reforms. The rate of youth incarceration has steadily decreased since passage of the bill.

While these reforms have made a considerable impact on the juvenile justice system in Kansas, racial disparities unfortunately remain prevalent. Racial disparity in Kansas begins as early as a youth’s first contact with the school system and continues through each step of the juvenile justice system. This report will discuss each of those steps, from disproportionate disciplinary actions against Kansas students of color in preschool to disparities in the juvenile justice system. This report will also discuss the inconsistencies seen across Kansas law enforcement agencies with respect to contact with communities of color and police policy and implementation. This report highlights data from the Department of Education Civil Rights Data Collection, the Kansas Attorney General, the Office of Juvenile Justice and Delinquency Prevention, the Kansas Judicial Branch, and the Kansas Department of Corrections in an effort to call attention to—and provide recommendations to address—the disparities that persist for youth of color in Kansas.