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In 2022, a task force recommended that Michigan change how it processed the nearly 10,000 minors it arrested each year. Last fall, the State Court Administrative Office began using a six-question screening tool developed by the University of Cincinnati Corrections Institute to determine an adolescent’s risk of future criminal misconduct – the screening process determined if a minor was released to their families or kept in custody.

Now, court officials for the State of Michigan are accepting proposals for a new screening tool, because the current system, intended to reduce incarceration rates, was criticized as discriminating against youth of color. 

Critics had said that half of the questions in the screener increased the likelihood of detention for youth of color, including inquiries about one’s “negative attitude” toward the justice system, challenges controlling anger, or whether they had relatives who were previously arrested. They point out that states using similar screeners, like Indiana, disproportionately detain Black youth. Concerns were raised by lawmakers and covered by news outlet Bridge Michigan prior to its implementation. Democratic State Rep. Amos O’Neal sponsored the law behind the screening process, but called its application “discriminatory.” His office has agreed to allow state officials time to resolve the problem before introducing any legislative changes.

The new bidding process offers some hope. “We wanted (the state) to pivot towards something that did not unfairly place kids in detention based on things that they couldn’t control,” Jason Smith, executive director of the Michigan Center for Youth Justice, told Bridge Michigan. “That’s what an effective screening tool does, in our opinion.” 

The questions on the existing tool fall far short in that regard, and could even trigger trauma, said Bilal Al-Raed, a program mentor for The Delta Project, which supports youth and young adults involved with or at risk of engagement with the justice system. He says it could pose greater risk for some children and that there’s “no need” to ask kids these questions when they’re in the midst of a precarious situation.

Cole Williams, executive director of The Delta Project, said he’d like to see more families and community members involved in the new screener selection process, especially as many still don’t know about the current screening questions or their potential impacts. “We need a tool that really highlights the needs of youth and families, especially when we think about young people and their mental health.” 

The state is accepting proposals until later this month, and the winning contract could take up to two years to implement.