NORTH DAKOTA
Disproportionate Minority Confinement
What is Disproportionate Minority Confinement (DMC)? Under the Juvenile Justice and Delinquency Prevention Act (JJDPA), disproportionate minority confinement (DMC) exists when the proportion of youths detained or confined in secure detention facilities, secure correctional facilities, jails and lockups who are members of minority groups exceed their groups' proportions in the general population.
How widespread is DMC? In virtually every state, at every stage of the juvenile justice system, youth of color are overrepresented and receive disparate treatment, particularly in secure confinement.
State Profile: North Dakota
- North Dakota has an estimated Native American youth population of 8%.
- Statewide 1998 data shows Native American youth made up approximately 13% of arrests; 21% of confinements in secure juvenile detention facilities; 29% of confinements in secure juvenile correctional facilities; and 40% of confinements in adult jails.
- In one of the counties with the highest concentration of off-reservation Native American youth (6%), 24% of Native American youth were arrested, 26% were confined in secure juvenile detention facilities, and 33% were confined in secure juvenile correctional facilities.
Source: Plan for Reducing Minority Overrepresentation. 2000. Division of Juvenile Services.
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What must states do to comply with the DMC mandate? Current law directs states to identify the extent to which disproportionate minority confinement exists, to assess the reason that it exists and to develop intervention strategies to address the causes for disproportionate minority confinement. The law does not require, and has never resulted in, the release of any youths from custody based on race, nor has it required numerical quotas for arrests. No state's funding under the Juvenile Justice and Delinquency Prevention Act has ever been reduced as a result of noncompliance with this provision.
Contact Information: To provide comments or obtain additional information on North Dakota's state plan to address disproportionate minority confinement, contact North Dakota's state juvenile justice specialist:
Terry Traynor
Juvenile Justice Specialist
ND Association of Counties
425 N. 5th Street, P.O. Box 417
Bismarck, ND 58502-0417
Phone: (701) 328-6390
Fax: (701) 328-6651
Email: ttraynor@ndaco.org
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