Across the Country, Youth Prisons Are Closing. This State Is Building More.

Across the country, states have been shuttering their youth prisons as juvenile crime has plummeted and research shows the facilities are not effective at keeping youth out of trouble after release. From 2000 to 2022, the number of the highest-security facilities for kids has dropped by more than 40%, the most recent federal data shows.

In contrast, Tennessee’s Department of Children’s Services has budgeted $360 million to build two new facilities with a total of up to 256 new beds for youth. Construction is set to begin this fall, and they are expected to open in 2028 and 2029.

According to Tennessee officials, the state doesn’t have enough space for kids who courts have found committed crimes. In the last few years, it has held dozens of teens overnight in temporary places, including, at one point, office buildings. In an emailed response to WPLN and ProPublica, the agency attributed the lack of bed space to a number of factors, including teens’ needs for specific mental health services and temporary staffing issues in its facilities. And it said that national trends “do not determine” whether Tennessee has enough youth beds available.

But juvenile crime is down in Tennessee, too, and advocates and experts say the state’s push for more prisons does not line up with the needs of the kids in its care.

“The argument that’s made is that [juvenile crime is] worse than ever, right? Or the kids are out of control,” said Josh Rovner with the nonprofit research and advocacy group The Sentencing Project, which seeks to reduce incarceration across the country. “The data doesn’t back that up.”

Tennessee said youth are committing more violent crimes. But fewer are entering the juvenile justice system.

To explain its need for more youth prisons, Tennessee’s DCS points to a recent state-commissioned study. It shows that police reports of violent juvenile crimes in Tennessee — including murder, aggravated assault, motor vehicle theft and crimes with firearms — have increased since 2013.

But not every report results in an arrest, for a number of reasons; multiple people might call police for the same crime, for example. Data from the same report shows that the number of kids arrested and entering the system, even for violent crime, has decreased over that time period. Murder was the only violent crime included in the report for which arrests increased, from 15 cases in 2013 to 26 in 2024. That number is still lower than it was at its peak in 2018.

“The argument that’s made is that [juvenile crime is] worse than ever, right? Or the kids are out of control. … The data doesn’t back that up.”

Josh Rovner, senior research analyst at The Sentencing Project

The state oversees different types of facilities for kids in the justice system, ranging in security level from group homes to prisons surrounded by barbed wire. DCS leaders said in a state hearing that the agency has reached maximum capacity and run out of beds in high-security facilities. DCS said in a recent statement that the number of youth needing space in a particular type of facility can remain high day to day even as overall arrests decline.

In a 2024 lawsuit over Tennessee’s juvenile justice system, advocates said the state is not appropriately utilizing the bed space it currently has, putting kids into the highest-security facilities without considering their need for mental health treatment and other services. Because of juvenile privacy laws, no publicly available data shows what charges land youth in which setting.

In response, DCS acknowledged that it sometimes places youth in facilities based on capacity, but denied that it improperly held youth in the highest-security facilities. The case is ongoing.

Tennessee promised its new prisons would be rehabilitative. Experts say they are too big to succeed at that mission.

Unlike the adult system, the juvenile justice system is set up to rehabilitate, not punish, based on decades of research showing that youth are more capable of change.

DCS told WPLN and ProPublica that it is designing the new facilities to provide care that addresses the trauma youth have experienced, including behavioral health treatment tailored to their individual needs. The design includes dedicated spaces for education, job training and recreation. It also includes rooms for mental health staff to do their work, including “calming rooms” for youth.

The agency also describes its existing prisons as rehabilitative. All three of the state’s highest-security prisons are run by Tennessee businessman Jason Crews and his company, Wayne Halfway House. The company is required by its contract and state policy to provide mental health treatment, education and other services to imprisoned youth.

The 2024 juvenile justice lawsuit, which an advocacy group and multiple unnamed youth in the system filed against DCS, argued that the department places youth in facilities that are more punitive than rehabilitative. Some teens placed in prison, the lawsuit said, should not be there at all.

The lawsuit also claimed that Tennessee’s juvenile justice facilities keep youth from accessing education and mental health treatment. Two facilities run by Wayne Halfway House, according to the lawsuit, have had policies barring youth from attending school if they misbehave. One teen, diagnosed with post-traumatic stress disorder, anxiety and other mental health conditions, did not get needed individual therapy for months while in a Crews facility, the lawsuit stated, and only got a couple of hours of education each day. Several other contractors’ jails and treatment centers across the state are referenced by name in the lawsuit.

DCS said in a legal filing that it didn’t have enough information to respond to all of the specific allegations about youth mentioned in the suit, but it pushed back against many claims, including that youth were provided inadequate education or mental health treatment. It also denied that the teen in the Crews prison was kept from therapy or education, but did acknowledge that some youth in the juvenile justice system may temporarily “receive minimal educational services.”

A recent WPLN/ProPublica investigation uncovered several serious incidents that Crews’ facilities failed to report to the state as required. In a statement, Wayne Halfway House said the company “vehemently denies” that Crews or his company has ever discouraged staff from reporting serious or life-threatening incidents to the state.

Wayne Halfway House said in a statement that it disputes the allegations in the lawsuit and referred the newsrooms to “numerous state audits and/or reports” during that time that refute those claims. It declined to share the specific documents it was referencing. “Wayne Halfway House programs are compliant with state policies and law,” the company wrote in its statement.

Daniel Macallair is the executive director of the Center on Juvenile and Criminal Justice, a nonpartisan, nonprofit organization that works to reduce society’s reliance on incarceration. “These institutions are not humane places,” he said, referring to large-scale youth facilities. “They’re not rehabilitative. They never have been.”

According to Macallair, who has been working on juvenile justice reform for more than 40 years, any facility with more than 10 kids becomes unwieldy, distracting from rehabilitation and becoming more correctional. Research shows that larger facilities often involve harsher treatment of youth, including higher rates of sexual abuse and practices such as solitary confinement. One of the prisons that DCS is planning would have up to 160 beds, making it the largest in the state.

“These institutions are not humane places. They’re not rehabilitative. They never have been.”

Daniel Macallair, executive director of the Center on Juvenile and Criminal Justice

By contrast, the programs that have proven to help youth avoid future crimes are small and based in the communities they are from, Macallair said.

Missouri, a nationally lauded example, has established small facilities throughout the state, keeping youth — even those who commit violent crimes — close to home for therapeutic programs. Research has shown that not only are these community-based programs more effective and affordable, but they lead to low rates of reoffending and high rates of high school graduation.

DCS told WPLN and ProPublica that it provides community-based services for youth who can safely remain at home. But Tennessee data shows that the vast majority of youth in the system were not allowed to stay in their communities last year.

One way to assess the rehabilitative success of youth prisons is whether youth are rearrested after release. But Tennessee officials acknowledge that they cannot measure that in a comprehensive or accurate way because the state lacks a centralized way of tracking when a youth commits a new crime.

Tennessee has pushed against outside oversight of its youth prisons. Experts say this is a crucial reform.

The state says there will be a bid process to determine who will operate the new facilities. Right now, two providers run all of the state’s private youth prisons — Wayne Halfway House and Youth Opportunity Investments, a company that runs lower security facilities.

In response to questions about the new facilities, Wayne Halfway House said it would not comment about its business plans. It also noted that the facilities in which it holds youth in state custody for committing a crime are classified by the state as “residential treatment centers,” not youth prisons. Across the country, states use different terminology to refer to these facilities. By federal law they are supposed to provide treatment, but they also are secure facilities, often with barbed-wire fences and cells that lock, that hold youth long-term after a court finds them responsible for a crime — similar to adult prisons.

Experts say robust independent oversight is crucial to keep youth in juvenile justice facilities safe, but Tennessee does not have this. Instead, it has one agency that helps families navigate the system but lacks enforcement power and a new Juvenile Justice Review Commission tasked with releasing its first set of recommendations in 2028.

“The main goal is to bring more transparency to what’s going on inside these facilities, to make that information public, to make recommendations about ways it can improve,” said Michele Deitch, a criminal and juvenile justice expert at the University of Texas at Austin. “You really need the external body that is independent.”

In 2024, a bipartisan group of Tennessee lawmakers introduced a bill that would give oversight and enforcement power to an independent organization instead of just DCS. Under the bill, DCS would be required to suspend a facility’s license or stop placing youth there until it fixed violations.

Lawmakers felt that DCS had a conflict of interest — it is responsible for both finding beds for children in these institutions and sanctioning providers if they are not following the rules or regulations.

Wayne Halfway House, which pays a legislative lobbyist and also makes political donations in the state, opposed the bill. One of the bill’s sponsors said that a lobbyist for the company pushed to exempt privately run facilities from the bill, and the proposal made it into an amendment filed in the House.

A lobbyist for Wayne Halfway House said at the time that the company had concerns about how the bill would “affect accountability in the governance of youth corrections in Tennessee.” In a recent statement, the company said it supports the state’s policies and laws that “rigorously oversee organizations like ours and hold us to high standards for operational performance.”

Ultimately, the bill failed.