by state lawsinthenameofpublicsafety. by state country whohavebeenaffected negatively young peopleandtheirfamilies acrossthe of This bookisdedicatedtothethousands DEDICATION MINOR AREN’T CONSEQUENCES THE • • • • campaign are: the ageof18inadultcriminaljusticesystem.The goalsofthe the practiceoftrying,sentencing,andincarceratingyouthunder The CampaignforYouth Justice(CFYJ) isdedicatedtoending JUSTICE YOUTH FOR CAMPAIGN THE rehabilitative programsandservicesforyouth. to promoteresearch-based, developmentallyappropriate adult court;and to decreasetheharmfulimpactoftryingyouthfuloffenders in incarcerated intheadultsystem; to reducethenumberofyouthwhoaretried,sentenced,and young peopleinadultjailsandprisons; youth intheadultcriminaljusticesystemandofincarcerating thenegativeimpactofprosecuting to raiseawarenessabout The Impact of Trying Youth as Adults and Strategies for Reform AIGN FOR Y T R O P E R E C I T S U J H T U YO R O F N G I PA M A C A

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PG. 1 23 35 49 63 71 85 95 3 3 5 6 18 20

Virginia Wisconsin Florida Illinois North Carolina State Chapters California Connecticut How a Youth Ends Up in the Adult Justice System Ends Up in the Adult Justice How a Youth Findings Key Opportunity for Change The Recommendations Introduction Note from the Editors TABLE OF CONTENTS

PG. 2 — JohnDiIulio,The ComingoftheSuperpredators,The Weekly (1995) Standard “ of therefore,aretensofthousands On thehorizon, EDITORS THE FROM NOTE said, “Braceyourselfforthecominggenerationofsuperpredators.”said, and RepeatOffenderActof1997.” Atacommitteeoversighthearingonthelegislationhe Youth PredatorActof1996,” andlaterreintroducedthislegislationasthe“Violent Juvenile the CrimeSubcommitteein HouseJudiciaryCommittee,firstintroducedthe“Violent thenchair of BillMcCollum(R-FL), introduced onanationallevel. Former Representative to tryandsentenceyouthintheadultcriminaljusticesystem. Punitive policiesalsowere The passednewlawstomakeiteasier superpredatorphrasestuck andalmosteverystate to NewYork Citybutwasendemicofanationalwave“superpredators.” Godless andjobless”youth.Accordingtotheseobservers,this situationwasnotconfi and gloompredictionsabouttheemergenceofa“generational wolfpac former PrincetonprofessorandBushAdministrationappointee, JohnDiIulio,madedoom As aresultoftheCentralParkJoggercase,prominentandinfl uential individuals,such as evening ofultra-violence.” tenements, burstingwithboredomandrage,roamthestreets gettingkic phrases such astheactivity“wilding”where“packs ofbloodthirstyteensfromthe sentences rangingfrom7to11years.The pressinflamedpublicfears,coiningnew the “CentralParkFive”—confessedtopolice,wereconvictedinrape,andserved banker wasrapedandleftunconscious.Fiveteenagers—wholaterbecameknownas a29-year-oldinvestment The CentralParkJoggercasedidjustthat.OnApril19,1989, Sometimes all it takes is severely morally impoverishedjuvenilesuperpredators.”severely morally one case 1 to change the course of public opinion and national policy.

k” of“fatherless, ks froman 2 ned

INTRODUCTION

PG. 3 a , national ate and national , they are not the 3 Liz Ryan, Campaign for Youth Justice Liz Ryan, Campaign for Youth Institute Jason Ziedenberg, Justice Policy The profiles show what can happen when public policy can be swayed by a single, now- profiles show what can happen when public policy The stories represent more hysteria. These discredited case and the resulting unfounded thousandsthan single cases; they reflect the pain and harm that comes to the of youth in been told. Unfortunately the adult justice system whose stories haven’t exception; they are the rule. of these youth will inspire st It is our hope that at least one of the voices policymakers to take action on the recommendations in this report. Sincerely, Combined with earlier statutes, these laws put thousands at risk of isolation, of youth tried and incarcerated as adults, abuse, and emotional and mental health problems. When consequences, often for the kinds of minor young people face harmful and irreversible as many that estimate mistakesresearchers Some were young. when we us made many of every year. as 200,000 youth are prosecuted as adults paying from these mistaken report shines light on the high costs youth are This policies by highlighting the following states: California, Connecticut, Florida, Illinois, North Carolina, contains chapter up-to-date and comprehensive information Each and Wisconsin. Virginia, youth to the adult criminal justice system, dat on the processes and policies that send on who is affected, and real-life examples of individual youth who have been personally affected by these laws. after DNA testing confirmed the guilt of convicted serial rapist and murder, Matias Reyes. Matias after DNA and murder, serial rapist the guilt of convicted testing confirmed stunning reversalThis garner the same did not and the the original case did, coverage that still holds. youth violence myth of excessive Despite the data, rate is that the public believes the juvenile crime surveys report crime. In reality account for a large proportion of overall increasing and that youth statistics80% show that more than crimes are committed by adults. of all State the books, over predicted youth crime remain on laws approved in the hysteria would public was told that these laws The benefit to public safety. but with little proven during the 1990’s produced but research promote public safety, and in this decade as adults increases the far from reducing crime, trying youth refutes that idea. In fact, continue to re-offend. that young people will chances The roving waves of super-violent youth never materialized. In fact, the juvenile crime rate crime rate the juvenile In fact, materialized. never youth of super-violent waves roving The Central youth in the original And the to a 30-year to fall for a dozen years proceeded low. 2002, were thrown out in convictions innocent. Their have since been found Park Jogger

PG. 4 Pittsburgh, PA: forJuvenileJustice.http://www.ncjj.org/stateprofiles/ NationalCenter Griffin,P. Statejuvenilejusticeprofiles. Nationaloverviews. cy Programs.http://www.ncjrs.gov/html/ojjdp/195420/contents.html. (2005). ofJustice,OfficeJuvenileJusticeandDelinquen Department US Washington, DC: Juvenilesincourt. Sickmund, M.(2003). Sources: Blended Sentencing Always anAdult” “Once anAdult, Legislative Exclusion or Statutory Reverse Waiver Prosecutorial Waiver Judicial Waiver Waiver Provisions Transfer and Court Jurisdiction Age ofJuvenile SYSTEM ADULT JUSTICE THE IN UP AYOUTHHOW ENDS

provided forblendedsentencinginsomecases. At theendof2004legislativesession,26stateshadpassedlawsthat to remaininthejuvenilejusticesystemaslongheorsheis well-behaved. a juvenilesentencewithsuspendedadultsentence,which allowstheyouth correctional sanctionsinsentencingcertainyouth.Courtsoften willcombine These lawsallowjuvenileoradultcourtstochoose betweenjuvenileandadult youth tohavebeenconvictedintheinitialcriminalprosecution. 2004 legislativesession,34stateshadsuch provisions,butmostrequirethe automatically inadultcourtsforanysubsequentoffenses. At theendof These lawsrequireyouthwhohavebeentriedasadultstobeprosecuted exclusion lawsonthebooks. court. At theendof2004legislativesession,29stateshadstatutory requiring particulartypesofcasestooriginateincriminalratherthanjuvenile These lawsexclude certainyouthfromjuvenilecourtjurisdictionentirelyby had reversewaiverprovisions. certain circumstances.At theendof2004legislativesession,25states adult courttobetransferred back downtothejuvenilecourtsystemunder This isamechanism toallowyouthwhosecasesarebeingprosecutedin legislative session,15stateshadconcurrentjurisdictionprovisions. jurisdiction,” “prosecutorialdiscretion,” or“directfile.” At theendof2004 either juvenileoradultcourt.Such provisionsarealsoknownas“concurrent These lawsgrantprosecutorsdiscretiontofilecasesagainstyoungpeoplein in determiningifayouth’scaseshouldbetransferred. statutes varyinhowmuch guidancetheyprovidejudgesonthecriteriaused 2004 legislativesession,almostallstateshadjudicialwaiverprovisions.State Others “transfer” or“declinejurisdiction”ratherthanwaiver. At theendof the process“certification,” “remand,” or“bindoverforcriminal prosecution.” statescall court jurisdictionandtransfer the casetocriminalcourt.Some circumstances, thejuvenilecourtjudgehasauthoritytowaive judicial waiverlaws,thecaseoriginatesinjuvenilecourt.Undercertain This isthemosttraditionaland commontransfer andwaiverprovision.Under exercise. to ecutors pros and judges allow they authority much how in vary they but provisions, transfer have states Most court. adult to transferred be can youth a which by exist mechanisms of variety A crimes. certain committing of accused are they if courts adult in prosecuted be to people young allow laws These as belowthegenerallyacceptedageof18yearsold. jurisdiction. Thirteen stateshave definedtheageofjuvenilecourtjurisdiction fractions, whetherviolentornon-violent,andplacethemwithintheadultcourt effectively removecertainage groupsfromthejuvenilecourtcontrolforallin These lawsdeterminetheage ofadulthoodforcriminaljusticepurposes.They - - -

PG. 5 Despite 4 ,” a “violent” ,” . Some no matter how minor their no matter how 7 6 but all of them will be tried in the adult justice system. but all of them will be tried in the adult justice 5 . In states such as Connecticut, North Carolina, and New York, youth age 16 and youth age 16 and . In states North Carolina, and New York, as Connecticut, such not there for serious, violent crimes. not there for serious, offenses, in the adult criminal justice system are offenses, and the majority of 17-year-olds arrested for non-violent offenses. with non-violent offenses. them were charged developmentally appropriate. there is more to their story as well. The term “violent offense” does not necessarilythere is more to their story as well. The imply a youth from example, For Anthony Laster, that these youth are a threat to public safety. Florida profiled in this report, was sent to adult jail for “strong armed robbery was crime that consisted of stealing $2 from another young person. And a youth in Illinois tried as an adult for a robbery that involved taking “robberies” are gym clothes. These considered violent offenses under the FBI a number index of violent crimes. Additionally, youth were present at the of youth entering prison are labeled as accomplices. These scene of the crime but did not actually commit a violent offense. By increasing the age of juvenile court jurisdiction to 18 in all states, substantial numbers of youth currently charged with minor and non-violent offenses would not be prosecuted in adult courts. Instead these youth would be treated in the juvenile justice system. There they would obtain services, treatment, and programming that is more • In Connecticut, 96% of the 16- and 17-year-olds arrested are arrested for non-violent arrested are arrested In Connecticut, 96% of the 16- and 17-year-olds • age are for non-violent of all arrests of young people of any 70% In Illinois, more than • even though 85% of end up in the adult justice system all 17-year-olds In Wisconsin, • with non-violent offenses. Of the Most of the youth who enter the adult court are charged but youth who serve time in adult prison, 7 out of 10 are convicted of violent offenses, Estimates range on the number of youth prosecuted in adult court nationally Estimates range on the number of youth are prosecuted every year. believe that as many as 200,000 youth researchers the fact that many of the state laws were intended to prosecute the most serious courts are there offenders, most youth who are tried in adult offense can automatically be tried as adults no matter what the offense. In 10 other states 17 Missouri, New Hampshire, South (Georgia, Illinois, Louisiana, Massachusetts, Michigan, are automatically prosecuted as adults. 17-year-olds and Wisconsin), Carolina, Texas, example:For families give us a concrete picture of how the laws governing the trying, sentencing, and governing the trying, of how the laws us a concrete picture families give than a dozen following are more The public safety. of youth do not promote incarceration from this research. key findings enter the adult court are majority of youth who overwhelming The #1 in my court.“I never saw any superpredators I saw were 14- and 15-year-olds, What scared to death.” Circuit Court for Baltimore City (1998)Judge David A. Young, — KEY FINDINGS stateNational and parents, and their young people, their the experience of and research, City (1998) — Judge David A. Young, Circuit Court Circuit for Baltimore Judge David A. Young, — “I never saw any superpredators in my court. 14- and 15-year- I saw were What olds, scared to death.” court are not there for serious, violent crimes. #1 The overwhelming#1 The majority of youth who enter the adult

PG. 6 for therestoftheirlives. As aresult,bothwillhaveadult convictionsfortheseminoroffensesthatwillfollowthem sleep duringacoldspellinDecember. youthwereplaced inanadultjailformonths. Both prosecuted inadultcourtforbreaking andenteringacarsohecouldfindwarmplaceto in adultcourtforabicycletheft. Intheothercase,“John,” whois17 andhomeless,was adult jailsillustratethissituation.Inthefirstcase,“Jane” was prosecutedasa17-year-old violent offenses.IntheWisconsin chapter ofthisreport,twocasesyouthservingtimein youth awaitingtrialinjailsorservingsentencesjailofupto twoyearsforminor In visitingcorrectionalfacilitiesforthisreport,theresearc rehabilitative, the kind of programming available in the juvenile justice system. young people. These youth need programming that is developmentally appropriate and to a counselor. Adult jail staff are not equipped or trained to provide adequate services to do not have access to educational programming. In addition, they have little to no access jails sleep in excess of 15 hours a day, do not receive adequate nutrition or exercise, and The researchers for this report learned from youth and their families that many youth in adult attorneys wereabletoremovehimfromthisfacility. adult jails,thejudgeinthiscasedidnotexerciseoption.F youth whoarecharged asadultstobeplacedinjuveniledetentionfacilitiesinsteadof healthcounseling.EventhoughVirginiaeducational programmingormental lawallows attempt byanadultinmate.Andduringhistimeatthejail,youthdidnotreceive Thisa cellwithanadultconvictedofchild youthalsowitnessedasuicide molestation. reported thata15-year-oldyouthinWaynesboro, Virginia, wasplacedinanadultjail inthe pressaccountsin2006 For example, withspeciallytrained personnel.”and staffed housing juvenilesinanyjailunlessthatfacilityisspeciallydesignedforjuveniledetention Association recommendsthat“The AmericanJailAssociationbeopposedinconceptto of suicide.Essentially, thisisano-winsituationforjailofficials.Infact,theAmericanJail healthissues,andputyouthatrisk already existingmental to depression,exacerbate youth fromadults,theyareoftenplacedinisolationforlongperiodsoftime.T physical andemotionalharmtoyouth.Ontheotherhand,whenofficialsdoseparate withadults.This situation canresultinserious adult jails,youthwillhaveregularcontact in theircustody. Ontheonehand,ifjailofficialsdon’tseparateyouthfromadultsin inadultjails.Jailofficials areinaCatch 22when it comestoyoungpeople youth safe ofyoungpeopleatriskasitis extremely difficulttokeep This policyplacesthousands in adultjails. held inadultjails. in adultjailshasincreased208%. theincarcerationofyouth the NationalCouncilonCrimeandDelinquency, since1990 adults, thenumberofyouthplacedinadultjailshasincreaseddramatically in anadultjail. theymayberequiredtoservetheirentiresentence in anadultjail,andsomestates permitorrequirethatyouthchargedCurrently, asadultsbeplacedpre-trial states 40 — JudgeWendell GardnerinreferencetothepracticeofplacingagirlD.C.jail D.C. SuperiorCourt “Barbaric.” #2 Increasing numbersofyoungpeoplehavebeenplacedinadultjails (Washington Post, September 14,2006) (Washington Post,September where theyareatriskofassault,abuse,anddeath. 11 8 Since states havepassedlawstomakeiteasierprosecuteyouthas Sincestates 10 This figureislikelymuch higherasitdoesnotaccountfortheturnover 9 Onanygivenday, morethan7,000 youngpeopleare Daily Progress 12 hers found many instances of hers foundmanyinstances 13 and ortunately, theyouth’s The NewsVirginian . Accordingto his canlead , non- 14 — JudgeWendell Gardnerin D.C. SuperiorCourt “Barbaric.” abuse, anddeath. they areatriskofassault, inadultjailswhere placed been have people of young #2 Increasingnumbers jail (Washington Post, September 14,2006) jail (Washington Post,September reference tothepracticeofplacingagirlinD.C.

PG. 7 hanisms. elinquency , 40 states have ances) do not apply In conducting research for this report, the authors became for this report, the research In conducting 15 17 The protections will still apply to youth who are in juvenile court and protections will still apply to youth who are in The 16 adult prisons’ admissions of youth are declining. prohibit confinement of juveniles with adults. prohibit confinement of juveniles federal protections. by Congress and could be amended for reauthorization in 2007 JJDPA is scheduled The to prohibit this practice of placing youth in adult jails nationwide. In contrast to growing numbers of youth incarcerated in adult jails, #4 should not be placed in prison with adults where rape and drugs are the norm.” “Youths Dwayne Betts, formerly incarcerated youth in adult prison (2006) — Federal protections approved by the Congress in 1974 to protect youth by prohibiting the protections approved by the Congress in 1974 Federal rare and limited circumst placement of youth in adult jails (except in protections, under the Juvenile Justice federal to youth who are prosecuted as adults. The and Delinquency Prevention Act (JJDPA), specifically cover youth under the jurisdiction of the juvenile court. to adult court by a juvenile court judge, but do have not yet been “transferred” or “waived” prosecuted as adults through other mec not apply to youth who are automatically is especially true for statesThis with statutes of juvenile court that provide for a “lower age or “automatic transfer or statutory “prosecutorial discretion or direct file,” jurisdiction,” statutes These remove youth from the original jurisdiction of the juvenile court exclusion.” and, as a result, youth are likely to be placed in adult jails. Right now statutes that require or allow youth prosecuted as adults to be placed in adult jails without #3 State laws may contradict core federal protections designed to State #3 for youth“State laws that allow under age 18 criminal justice to be confined in the adult federal Juvenile Justice and D system seem to contradict the intent of the for more than 30 which, years, has required sight and sound separation Prevention Act, of youthwhen youth as well as speedy removal whenever are housed in adult lock-ups, they are placed in adult jails.” Coalition for Juvenile Justice (2007) Executive Director, Nancy Gannon Hornberger, — aware of one case of a youth in the District of Columbia who spent more than 14 months who spent more the District of Columbia case of a youth in aware of one his incarceration, As a result of guilty. was later found not jail awaiting trial and in an adult mentalnow suffers from a serious this youth to he did not have prior health disorder that placement in the jail. Instead of adult jail, statesa risk to counties could place youth, if they pose and to receive facilities where they are more likely into juvenile detention public safety, developmentally by trained educational programming, and support appropriate services, staff. also in need of juvenile justice systems in this country are It is true that many of the are more likely to receive youth sent to the juvenile justice system reform. Nevertheless, rehabilitativeage-appropriate and services. Recent national research also shows that youth may await trial in adult jails before being being jails before trial in adult may await that youth also shows research national Recent In some cases, these judges for prosecution. court by adult court to juvenile sent back even convicted. youth are not

prison (2006) Coalition for Juvenile Justice (2007) — Dwayne Betts, formerly incarcerated youth in adult — “Youths should not be placed in prison “Youths with adults where rape and drugs are the norm.” admissions of youth are declining. numbers of youth incarcerated in adult jails, adult prisons’ #4 In contrast to growing — Nancy Gannon Hornberger, Executive Director, Executive Director, Nancy Gannon Hornberger, — speedy removal of youthspeedy removal whenever they are placed in adult jails.” more than 30 years, has required sight and sound separation when youth are as well as housed in adult lock-ups, justice system seem to contradict the intent of the federal Juvenile Justice and for Delinquency which, Prevention Act, “State laws that allow for youth“State laws that allow under age 18 in the adult criminal to be confined prohibit confinement of prohibit confinement juveniles with adults. contradict core federal contradict core protections to designed #3 State laws#3 State may

PG. 8 the placement of youth in adult prisons; individual states couldalsobanthispractice. the placementofyouthinadultprisons;individualstates To couldbeamendedtobanorseverelylimit oftheseyouth,theJJDPA ensurethesafety the Connecticutchapter ofthisreport. violation, committedsuicideatthefacility. David’stragicstory issharedbyhismotherin and inJuly, 2005,a17-year-old, DavidBurgos,incarcerated atMYIforaprobation are notavailableforthispopulation.The facilityhasbeenthesubjectofnumerouslawsuits Connecticut DepartmentofCorrections.Programsforyouthin thejuvenilejusticesystem Although MYIonlyhousesyouthunderage21,isanadult prisonrunbythe are placedintheMansonYouth Institute(MYI),aseparatefacilityforyouthfuloffenders. this reportoffersusaglimpseintoapproach. InConnecticut,youthcharged asadults profiledin ontheeffectivenessofthese facilities. Onestate there isalack ofnationaldata to addresstheissueofseparatingyouthfuloffendersfrommorehardenedadultinmates, the adultprisonsystemforyouthprosecutedasadults.Althoughthismaybeoneway such asWisconsinOther states, andNorthCarolina,havesetupseparatefacilitiesin replaced adultprisonplacementswithjuvenileincarceration. previously ledthenationintransferstoadultcourt,hasdramaticallyreducedand inthesefacilitiesuntilage21.AndFlorida,which adult prisonandtheseyouthmaystay Virginia, adultcourtjudgesmaysentenceyouthtojuvenilecorrectionalfacilitiesinsteadof place foryouthandhasapolicyineffecttobanthatpractice.Inotherst on trying youthasadults,recognizesthatadultprisonisno punitive andharshstatutes in adultprisons.California,which someadvocatesarguablybelievehasoneofthemost banthis practicealtogetherorseverelylimitplacementsofyouth As aresult,somestates youths intoadultpenalfacilitieswithoutadequatetreatmentservices. adult criminaljusticesystem.These policieshaveresultedintheplacementofhundreds opposes theexpansionofeligibilitycriteriaforwaiverandtransferyouthsinto (CJCA), that, “The they stated Council of Juvenile and Correctional Administrators strongly issued bytheCouncilofJuvenileCorrectionalAdministrators In arecentpolicystatement place youthinadultprisons. Additionally, correctionaladministrators—bothjuvenileandadult—donotsupporteffortsto should beusedsparingly.” researchers toconcludethat “trying andpunishingyouthsasadultsisanoptionthat problems thanyouthinjuvenilecorrectionalsettings,factsthatleadtheserenowned that youthinadultcorrectionsfaceharshersettingsandexperiencemoredevelopment Network onAdolescentDevelopmenthasconductedextensiveresearc correctional facilities.” led expertstoconcludethat“clearly, juvenilesareavulnerablepopulationwithinadult Youth suicide,anddeath,which has inadultprisonsareatriskofabuse,sexualassault, don’t belonginadultprisons. andlocalpolicymakersthatyouth First, thereisgrowingrecognitionbynational,state, significantly overthepastdecade. a nearly20%increaseinthenumberofyouthadultprison, Connecticut, which ledthenation inthenumberofyouthadultprisonandexperienced On anygivenday, morethan2,000youthareinadultprisons. 21 Overthepastdecade,MacArthurFoundation Research 22 20 This decreaseisexplainedby anumberoffactors. 19 18 thisnumberhasdeclined With theexceptionof ” 23 h thatshows ates, such as al

PG. 9 ances and after These inflexible inflexible These wo states featured 25 ates could revise their Despite the fact that a juvenile court judge is a neutral neutral a is judge court juvenile a that fact the Despite 24 This report highlights the fact that in states as California, This such 26 youth is prosecuted as an adult. the one person best considered to judge the merits of the youth’s the merits of the to judge person best considered the one juvenile court judge. case—the Assessment of Access to CounselAssessment of Access and Quality Representation in Delinquency Proceedings (2006) in this report underscore this point. “Almost 40 years after the United States Supreme Court“Almost are determined that children entitled to certain due process rights under the Constitution, most notably the right to in Florida still do not have access to the kind of constitutional counsel, many children protections envisioned by the Court.” Patricia Puritz, Executive Director of the National Juvenile Defender Center and co-author of Florida: An — of a youth’s lawyer can be the difference between whether a youth is effectiveness The prosecuted as an adult or is considered in the juvenile justice system. T these states, limited to no available public data of transfers/waivers exist on the number availability or use of objective criteria for to adult court made by prosecutors or the available on the exercise of is also no analysis prosecutorial decision-making. There discretion not to send a youth to adult court. ensure that a youth’s case is fully deliberated and thoroughly examined by a neutral and To youth to adult court, st objective decisionmaker before sending the statutes policies to allow for only judicial waiver or transfer to adult court. and counsel is a deciding factor on whether a to effective legal Access #6 With the passage of these state laws, this process has been dramatically altered. Now, Now, altered. dramatically been has process this laws, state these of passage the With youth a whether about decision the make not do judges court juvenile instances, most in court. adult in prosecuted be should state decision, the make and facts the investigate to position best the in is who player required instead, and, judges these from discretion and authority some removed have laws (13 jurisdiction” court juvenile of age “lower a under court adult in youth of placement provisions. exclusion” statutory or transfer “automatic through or states) judicial for allow not do therefore and offense of category and/or age on based are statutes court. juvenile in youth keep to judges court juvenile for discretion provide not do and review 15 states,In approximately discretion and authority to send youth to adult court has been delegated to prosecutors. of available data there is a lack of this situation. In on the impact Florida, and Virginia, “Waiver and transfer of juveniles to adult court of juveniles to adult and transfer “Waiver after a very be rare and only should considered process.” thoroughly —Juvenile Delinquency Council Guidelines, National and Family Court on Juvenile (2005) Judges the first juvenile court in Chicago in 1899,Since the founding of way the most “traditional” adult court was to be found “unfit” for rehabilitationfor a youth to enter the by a juvenile of the from the consideration the discretion to remove a child court judge, who had circumst transfer was intended to be used in limited juvenile court. Judicial process that included a hearing. a careful deliberation #5 The decision to send youth to adult court is most often not made by not made often is most adult court youth to to send decision The #5 An Assessment of Access to CounselAn Assessment of Access and Quality Representation in Delinquency Proceedings (2006) Juvenile Defender Center and co-author of Florida: on Juvenile and Family Court Judges (2005) — Patricia Puritz, Executive Director of the National — still do not have access to the kind of constitutional protections envisioned by the Court.” are entitled to certain due process rights under the Constitution, most notably the in Florida right to counsel, many children as an adult. 40 years after the United States “Almost Supreme Court determined that children counsel is a deciding factor on whether a youth is prosecuted #6 Access to effective legal — Juvenile DelinquencyNational Council Guidelines, — “Waiver and transfer of juveniles to adult “Waiver court be rare and only after a very should thoroughly considered process.” court judge. considered to judge the merits considered to judge of the youth’s juvenile case—the to adult court is most often not person best made by the one #5 The decision to send youth#5 The

PG. 10 • Wisconsin: Youth youthpopulation,butthey ofcolorrepresent15%thestate’s • Virginia: In2005,African-American youthconstitutedfewerthanhalfofall • North Carolina:Nearly7out of 10youngpeopleintheNorthCarolinaDepartment • Illinois: InCookCounty, youth ofcolorcomprisealittlemorethanhalftheyouth • Florida: African-AmericansandLatinosaccountforfewerthanhalfoftheyouth • Connecticut: Youth oftheyouth population,butmakeup ofcolorarelessthan30% • California: African-Americanyouthare4.70 timesaslikelytobetransferredtheadult disproportionately affectedbythesestatutes. areavailable,youthofcolor profiledinthisreport forwhich data In everystate — withBlack Institute(Covenant America2006) Burns ExecutiveDirectoroftheHaywood James Bell, children.” to haltthisdestructive,unfairtreatmentofourbrothersandsisters,especially unjust criminaljusticesystemanddemandthatourleadersthoseinpo toachieve fairnessandequity,“Our job,inworking istosoundthealarmabout # 7Youth ofcoloraredisproportionatelyaffectedbythesepolicies. counsel foryouth. and localgovernmentscoulddedicateresourcestoprovidingaccesseffectivelegal For youthtoreceivefairandadequate considerationbythejusticesystem,national,state expertise andreceive$120percharge, thelowestrateinnation. transfer totheadultcourtarenotrequiredhaveanycriminaldefensetrainingor In Virginia, court-appointedattorneysassignedtoprovidelegalcounselyouthfacing inadequate. often is youth to provided counsel legal the that notes report the counsel, legal to right their waiving youth many to addition In cost. less and parents, their to inconvenience less time, less means it because resolve to easier case the makes this that impression mistaken Proceedings Delinquency in Representation of Quality and Counsel to Access of Assessment An Center, Defender Juvenile National the by report released recently a Florida, In represent nearly7outof10youth inadultprisons. system. arrested inVirginia butrepresented73% ofyouthenteringthe adultcorrections Corrections areyouthofcolor. population, butrepresent9outof10youngpeopleinthecounty jail. system wereyouthofcolorin2005. yetnearly7outof10youngpeopletransferredtotheadult population inthestate, oftheyoungmeninadult correctionssystem. 80% adult systemaswhiteyouth. timesaslikelytobetransferredthe system aswhiteyouth,andLatinoyouthare3.44 32 , showed that youth routinely waive their right to counsel under the the under counsel to right their waive routinely youth that showed , 27 31 29 33 28 30 wer actnow Florida: Florida: # 7Youth are ofcolor — Burns Executive Director of the James Haywood Bell, especially ofourchildren.” treatment ofourbrothersandsisters, act now tohaltthisdestructive,unfair that ourleadersandthoseinpower unjust criminaljusticesystemanddemand and equity, istosoundthealarmabout toachieve fairness “Our job,inworking by thesepolicies. affected disproportionately Institute (Covenant withBlackInstitute (Covenant America2006)

PG. 11

36 , extensive ates, in 39 The authors refer to a “cumulative” authors refer to a “cumulative” The 35 , finds that, “[i]n 2002, an estimated , finds that, “[i]n 2002, 34 38 And Justice for Some reports that, “At the beginning of December, 30 aged 14 to girls the beginning of December, reports that, “At

37 The HartfordThe Courant according to the state Correctional Institution in Niantic, were incarcerated at York 17 only 11 girls in that age group were being Department of Correction. By comparison, 2005.” in December held at York under a federal civil rights investigation by the U.S. Department of Justice. the impact of the placement of girls in the adult criminal justice system. Clearly needed to adequately address the unique and special needs of girls in the is research justice system. risk in Although more information is needed, it is clear that girls, like boys, are at serious to serve girls in the juvenile justice system are model approaches the adult system. There that could be more viable alternatives to placing girls in the adult justice system. Very limited data are available on girls in the adult criminal justice system: Very dramatically. In Connecticut, the number of girls in adult corrections has increased • prison currently women’s prison, a several girls are in the Taycheedah In Wisconsin, • studies have been undertakenNo recent, comprehensive national research that document “Disproportionate Minority Contact” provision by requiring states to invest federal and state to reducing racial disparities in the justice system. in effective approaches resources affected too, but little is known about them. youth are # 8 Female are mostly runaways, shoplifters and not talking about axe murderers. These “We’re of them don’t belong in prison.” needed our help, but didn’t get it. Most truants. They girls in Connecticut’s advocate on Hartford child prison system (The Courant, January 1, 2007) Kramer, Mickey – other places, dataother places, limitations people are more as Latino young be masking the scale may up in the adult system. likely to end Council on this point. A recent report by the National underscores National research Crime and Delinquency, out of 18. Three under the age to adult prisons involved children 4100 new admissions were youth of color.” of four of these admissions disadvantage youth are involved in the justice system. that increases the more deeply and criminal the blurring of the line between the juvenile authors conclude that “as The affect the likelihood that these trends will disproportionately court increases, so does youth of color.” could strengthen the federal Congress the JJDPA is reauthorized in 2007, When Together, African-American, Latino, and other non-white youth represent a minority of the of a minority youth represent non-white and other Latino, African-American, Together, in states,youth population tried as adults. Although up to 7 out of 10 youth but represent st than whites in some as adults at higher rates found to be tried Latinos were

Connecticut’s prison system Hartford(The Courant, January 1, 2007) in prison.” girls in advocate on child Kramer, Mickey – These are mostly runaways, shoplifters These needed our help, but and truants. They didn’t get it. Most of them don’t belong known about them. not talking about axe murderers. “We’re # 8 Female youth are affected too, but little is

PG. 12 necessity’ forbarringtheapplicant, inpotentialviolationofE time thathaselapsed,thejobbeing sought,evidenceofrehabilit oftheoffense,itsrelevancetojob,amount considering thecircumstances categoryofcrime,without jobs “toanyonewhohasbeenconvictedofacrimeorcertain records. Where donotprovideotherwise,employersarepermittedtodeny standards governingtheemploymentofindividualswithcriminal policies andlegalstandards a criminalconvictionunlessthereis“businessnecessity.” However, setmost states that donotleadtoconvictionunlessthereisa“businessjustifi cation” orbecauseof employersbecauseofarrests protect individualsfromthedenialofemploymentbycertain Youth oftheCivilRightsActdoes employment.Title VII mayalsobelimitedinobtaining will notgetasecondchance fortheireducation. offeredhimasecondchance andheisthrivinginschoolanother state there.Mostyouth court forselling$95worthofmarijuana.Fortunately forthisyouth,anotheruniversityin to collegewasrevokedwhentheuniversitylearnedthathehadbeenconvictedinadult In onecasefeaturedintheNorthCarolinachapter, basketballplayer’sscholarship astar constitutionality ofthelaw. theAmericanCivil Liberties Unionfiledasuitinfederalcourtchallenging the April 2006, in school andreceivingfederalTitle IVaidwhentheycommittedtheirdrugoffenses.” In thelaw“was modified torestrictitsapplicabilityapplicantswhowere In January2006, alcohol-related offenses,resultsintheautomaticdenialoffederalfinancialaideligibility. No otherclassofoffense,includingviolentoffenses,sexrepeator donothave the authoritytocircumventthisfederalrequirement. programs. States convicted ofdrug-relatedoffensesineligibleforanygrants,loans,orworkassist (P.L. theHigherEducationActof1998 For example, makesyouthwhoare 105-244) long-term, life-threatening,andinsomecases,deadly. hold publicoffice.The consequencesofanadultconvictionaren’tminor;theyareserious, youthmayneverbeabletovoteor license maybeseverelyrestricted,andinsomestates, job orgettingacollegedegreetohelpthemturntheirlivesaround.Accessdriver’s they carrythestigmaofanadultcriminalconviction.They mayhavedifficultyfindinga When youthleavejailorprison,areonprobation,havecompletedtheiradultsentences, serving alengthysentence,45-to-life. ofayoungperson parole. IntheCaliforniachapter ofthisreport,Brianisanexample Lives In 2005,HumanRightsWatch andAmnestyInternationalreleased without parole.The onlyconsequence thatyouthcannotreceiveisthedeathpenalty. sentencing guidelinesasadultsandmayreceivemandatoryminimumsentencesorlife services.Youthprobation withfewtonorehabilitative alsoaresubjecttothesame jails pre-andpost-trial,sentencedtoservetimeinadultprisons,orbeplacedon Youth punishmentsasadults.They canbeplacedinadult triedasadultsfacethesame — University(February,Dr. Bishop,Northeastern 2006) Donna treatment andavoidstigma.” “We mustkeepalmostallteensinthejuvenilejusticesystemwheretheycanreceive #9 The consequences for prosecuting youth in adult court “aren’t minor.” , which documentedtheplight ofthemorethan2,000youthservinglifewithout 40 EOC guidelines.”EOC ation, orthe‘business For theRestofTheir 41 ance — University Dr. Bishop,Northeastern Donna receive treatmentandavoidstigma.” juvenile justicesystemwheretheycan “We mustkeepalmostallteensinthe court “aren’t minor.” prosecuting youth in adult #9 The consequences for (February, 2006)

PG. 13 43 44 ociety 45 The laws are construed such that anyone, youth or adult, who has been been has who adult, or youth anyone, that such construed are laws The 42 participate in criminal proceedings to better assess their capacity for emotional and participate in criminal proceedings to better assess their capacity for emotional and those under age 15, were more likely because youth, particularly maturity, psychological to be incompetent to stand trial due to their developmental immaturity. and receive counseling and therapeutic services, and less likely to receive educational of services that youth receive can serve as a detriment to a young lack job training. The offender when and if released into society. conducted extensive research for the past decade. At a national gathering in September conducted extensive research 2006, they reported some of the following findings: court should takeThe into account the level of competence of young defendants to fully • less likely to placed in adult correctional facilities are less likely to be treated fairly, Youth • In fact, youth are more likely to re-offend after serving an adult sentence. For example, in in example, For sentence. adult an serving after re-offend to likely more are youth fact, In in retained those with court criminal to waived youth of recidivism the comparing study one be to likely more were group “adultified” the in those that found research the court, juvenile quickly. more re-offended also they offenses; new serious more commit to and re-arrested and New of youth in two statesAnother study compared the recidivism rates (New York youthful offenders in the they prosecuted Jersey) that differed only by the age at which the same youth tried in adult court were results were found: adult system. In this study, research and with more serious offenses. The likely to re-offend more quickly more much results provide overwhelming evidence that trying youth as adults does not work. Network on Adolescent Development has Research In addition, the MacArthur Foundation that young offenders are significantly unlike adults in ways that matter a great deal and delinquency prevention. S for effective treatment, appropriate punishment, and limits, and that punishes them in needs a system that understands kids’ capacities developmentally appropriate ways.” Laurence Steinberg, the Director of the MacArthur Network Foundation Research 2006)Dr. (September, — is ongoing, the most current results on the full impact of these laws Although research on youth adjudicated in the adult criminal justice reveal an ever-increasing negative impact the country show that sending throughout system. In addition, studies by researchers doesn’t work to reduce crime. youth to the adult criminal justice system and only 10 prohibit all state employers and agencies from considering non-conviction. non-conviction. considering from agencies and employers state all prohibit 10 only and public governing standards no have states 36 conviction, criminal a is there When standards no have states 45 records, criminal applicants’ of consideration employers’ license occupational for standards no have states 29 and employers, private governing applicants. market. employment the in challenges significant face will offense, minor a even for arrested public safety. that these laws do not promote shows research # 10 The Network“The whether juveniles were different set out to find scientific evidence of to merit different treatment by the courts.enough from adults we found was What As of 2004, 37 states permit all employers and occupational licensing agencies to consider consider to agencies licensing occupational and employers all permit states 37 2004, of As conviction. a to led not have arrests those if even decisions, employment making in arrests arrests, such considering from agencies and employers certain prohibit states three Only

Foundation Research NetworkFoundation Research 2006) (September, appropriate ways.” Laurence Steinberg, the Director of the MacArthur Dr. — appropriate punishment, and delinquency appropriate punishment, and delinquency prevention. Society needs a system that understands kids’ capacities and limits, and that punishes them in developmentally we found was that young offenders are significantly unlike adults in ways that matter a great deal for effective treatment, evidence of whether juveniles were different enough from adults to merit different treatment by the courts. What promote public safety. Network“The set out to find scientific # 10 The research shows research The # 10 that these laws do not

PG. 14 — StateJudiciaryCommittee Representative Michael oftheConnecticut Lawlor(D-EastHaven),Co-chair “If thegoalistodecreasecrime,we’renotdoingaverygood job. #12 Assessing theimpactofyouthincarcerationisdifficultbecausea on theadolescentbrain. toreflectthislatestevidence into accountthesefindings.The lawsneedtobereexamined lawspassedpriortotheseresearch studiesdonottake develop untiltheearly20s.State of thebrain,particularlythosethataffectjudgmentanddecision-making, donotfully The areas Court’sdecisionreliedheavilyonnewscientificresearch showingthatcertain execution. spared were states different 12 in located offenders 72 juvenile decision, Court’s the of result humanity.” own his of understanding mature a attain to potential his and life his extinguish cannot State the but liberties, basic most the of some of forfeiture exact can State the crime, heinous a commits offender juvenile a “When stated: Kennedy Justice majority, the for writing In committed. were crimes their when 18 of age the under were who offenders of execution the forbid Amendments Fourteenth and Eighth the that held It decision. Simmons vs. Roper landmark the made Court Supreme the 2005, In — The HonorableEugeneMoore,presidingjudgeinthecaseofNathanielAbraham,age11,youngest housing juvenileswithhardenedadults.” adult prisonisignoringthepossibilitythatwearecreatingmoredangerouscriminalsby “We can’tcontinuetoseeincarcerationasalong-termsolution...To sentencejuvenilesto #11 These lawsignorethelatestscientificevidenceonadolescent reduce crime. transferofadolescentsfromjuveniletoadultcourts”havebeenshownnot “wholesale the offenseofyoungoffenders.They alsofoundthatcurrentpoliciesencouragethe intoconsiderationfactorsotherthantheageand to maketransferdecisionsthattake As aresult,Networkresearchers recommendthatcourtjudgesbegiventheauthority placed youth than settings harsher face facilities • correctional adult in Youth placed • Youth healthproblemssharemany inadultcorrectional facilities whosufferfrommental (New London Day, 2006) individual evertobeconvictedofmurder(January, 2000) problems. health mental severe experiencing youth these of likelihood greater a in resulting and services rehabilitation to access decreased to them exposing facilities, juvenile in national disasters. symptomsofsoldierswhohavereturnedfromwarandsurvivors of thesame decision tobarthejuveniledeathpenalty. brain—the sameevidencethatinformedtheU.S.SupremeCourt’s lack ofavailable data. 46 ” 47 As a a As

criminals byhousingjuvenileswith that wearecreatingmoredangerous to adultprisonisignoringthepossibility a long-termsolution...To sentencejuveniles “We can’tcontinuetoseeincarcerationas the juveniledeathpenalty. tobar decision Supreme Court’s evidence thatinformedtheU.S. the adolescentbrain—thesame latest scientificevidenceon the ignore #11 These laws — Representative Michael Lawlor(D-EastHaven), doing averygoodjob.” “If thegoalistodecreasecrime,we’renot data. of available ofalack difficult because is incarceration of youth #12 Assessingtheimpact — The HonorableEugeneMoore,presidingjudgein hardened adults.” Committee (NewLondonCommittee Day, 2006) StateJudiciary oftheConnecticut Co-chair (January, 2000) individual evertobeconvictedofmurder the caseofNathanielAbraham,age11,youngest

PG. 15 ate, and local here are several 49 It is obvious that the number of 50 However, no one really knows how many young people this affects. how many young people no one really knows However, 48 justice system. —Governor Jodi Rell (R-CT, 2005) Jodi Rell (R-CT, —Governor juvenile justice system in states current more viable alternative than the The is a much Rather than adult criminal justice system in treating young people in conflict with the law. continuing to spend public dollars on the adult criminal system, federal, st more policymakers should redirect public investments into the juvenile justice system to effectively treat youth currently in the adult criminal justice system. T reasons why making an investment in a quality juvenile justice system makes sense. First, the long-term benefits to society nationwide of returning youth to the jurisdiction of the juvenile court far outweigh any short-term costs that may be incurred. If researchers are not able to assess the magnitude of the impact of these state are not able to assess the magnitude If researchers laws on is a need to decisions. There the information to make informed youth, policymakers lack collect more data so that we can understand are affected. just how many youth juvenile public should invest its dollars by strengthening the The #13 “For too long, juvenile justice services in Connecticut have been failing...our children, particularly deserve troubled children, better.” direct file, automatic/statutory exclusion, or the reduced age of juvenile court jurisdiction. of Justice Statistics,Earlier reports, collected from the Bureau show that the judicial youth are tried in adult court, now only the traditional way that waiver/transfer mechanism, adult court. represents 15% of the cases of youth in has other than judicial waiver, mechanisms youth considered in adult court, mainly from in waivers/transfers to adult court is the change increased, but we cannot yet know what without an update on this second set of data. now know from these state reports that the numbers of youth prosecuted in adult We waiver are not fully recorded. And, other than judicial courts through various mechanisms that are available do not exist in one often the numbers chapter, as noted in the Virginia within a state.place but rather come from a variety of sources As a result, these numbers often conflict and cannot be reconciled. There is no one single, credible, national data credible, national is no one single, all the youth prosecuted There that tracks source in adult courts. one or two statutes.Many studies focus on example, For the federal Office of Juvenile Prevention (OJJDP)Justice and Delinquency a comprehensive report in 2006 released of youth to showed a significant increase in the transfer/waiver on juvenile crime that to 13,200 nationwide. waiver between 1985adult court by judicial and 1994, from 7,200 waiver of youth to adult court by judicial report also showed that transfer/waiver The between 1994significantly decreased result is that waivers/transfers to 2002. The and waiver are 1% below the 1985adult court by judicial level of 7,200. dataThese story. waivers, but they only show part of the help provide a picture of judicial discretion/ of youth tried in adult court from prosecutorial do not look at the number They As already mentioned, every year thousands every mentioned, As already or sentenced, are tried, young people of say as adults. Some researchers incarcerated as 200,000 this could be as many that year. youth every deserve better.” 2005) Jodi Rell (R-CT, —Governor “For too long, juvenile justice services in Connecticut have been failing...our particularly children, troubled children, its dollars by strengthening the its dollars by strengthening the juvenile justice system. #13 The public should invest #13 The

PG. 16 • SuperiorCourtJudgeReggie WaltonDC • Former U.S.SenatorAlanSimpson • Beamon Olympic GoldMedalistBob society. These include: justice system,ratherthananadultconviction,andwhohave ac we dohaveisthetestimonyofindividualswhoweregivenasecond c onthelostopportunitiesforthatyoungpersonortosociety.astronomical pricetag What No studytoourknowledgehasbeendonethatcouldcalculate whatwouldamounttoan calculated indollarsandcents. Finally, thecostsofsimplykeepingsystemasisaffectssociety inwaysthatcannotbe • the MissouriYouth Servicesmodelapproach tojuvenilecorrections. • the AnnieE.CaseyFoundation’s JuvenileDetentionAlternativeInitiative(JDAI); • the evidenceandtheory-basedpracticesprogramssetoutsideofacorrectional and assistingyouthinclude: Other promisingapproaches topromotingpublicsafety • legislatorandjuvenilecourtjudgeTedIn arecentbriefbyformerstate Rubin, and violentoffendersinthejuvenilejusticesystem,reducecrime. Second, newresearch showsthatprograms,includingonestreatserious,chronic, • the North Carolina In its recommendations to the General Assembly in December 2006, • According toJohnRoman,“[i]fjuvenilescommitfewercrimesbecausetheyhave • In testimonyatabriefingoftheJointJudiciaryCommitteeConnecticutlegislature, Guiding Lights Study ofViolence PreventioninDenver, Colorado, setting featuredin justice systeminsteadoftheadultcriminalsystem. that haveworkedtotreatyouthinconflictwiththelawjuvenile Them toJuvenileCourt abuse.”substance long-term benefitssuch asreducedfuturerecidivism,gainfulemployment,or programs, short-termcostsmustbeweighed,especiallywiththisagegroup,against Sentencing Commissionreportedthat,“[i]nevaluatingthecost/benefitbalanceof for every$1spent. benefitforthecorrectionalandjudicialsystems will resultinapproximately a$3 savings John Romanestimatesthatreturning16-and17-year-olds tojuvenilecourtjurisdiction lessfearandsuffering.”lower medicalbillsandmaybemostimportant, Overall, explains furtherthat“lesscrimewillmeanfewervictims,misseddaysofwork, received moreandbetterservices,fewercommunitymemberswillbevictimized. injuvenilecourtratherthantransferredtoadultcourt. maintained rates andfuturecrimerates,asthelikelihoodofrecidivatingislowerforyouthwhoare that therealsowouldbelong-termbenefits.This actionwouldreduceyouthrecidivism would becostsassociatedwithreturning16-and17-year-olds tothejuvenilecourt,but the UrbanInstitute’sseniorresearcher andeconomist,JohnRoman,showedthatthere 56 bytheAmericanYouth Policy Forum; 53 Blueprints forViolence Prevention 52 59 , Judge Rubin provided examples ofseveraleffectiveprograms , JudgeRubinprovidedexamples 55 andin , releasedbytheCenterfor 54 Less Hype,MoreHelp hieved successinour 51 hance inthejuvenile 58 Return 57 ” He and and young person or to society. personortosociety. young forthat opportunities the lost pricetagon to anastronomical amount calculate whatwould has beendonethatcould No studytoourknowledge

PG. 17 implementing reforms. (March, 2006)(March, wait for a tragedy? Why does someonewait for a tragedy? Why like my son have to die we knowbefore we make a change is right?” Administrator. (USA Today, September 21, 2006) (USA Today, Administrator. substantial to state changes statutes and policies. and some states are need for change, nation recognizes the The #2 it.” on capitalizing not we’re is, tragedy The do. to what us tells that research the have “We of America and former U.S. Department League of Justice OJJDP CEO,Shay Bilchik, Child Welfare — #1 All the new research supports a change in policy direction. supports a change the new research #1 All the science.” course and follow “It’s time for the law to change Jeffrey Fagan, Columbia 2006) University (September, Dr. — State local policymakers did not have the benefit of this new compelling research and adolescent brain development, and effective juvenile justice on recidivism, competency, to their state’sprograms when they were considering changes laws on trying youth as influenced the U.S. Supreme Court to eliminate the juvenile adults. Just as this research basis for re-examination also provides a strong this new research of and death penalty, — Diana Gonzalez, parent of a 17-year-old boy who committed suicide in an adult prison boy who committed suicide in Diana Gonzalez, parent of a 17-year-old — will increase public safety today’s policymakers, there is a new direction that and For into adulthood. nurture the successful transition of our youth The list could go on. list could go on. The of wake the in passed were that laws harsh same the to subject not were individuals These to contributions the calculate fully to way feasible no simply is There myth. superpredator the chance. second a received have who individuals other and these of society THE OPPORTUNITY FOR CHANGE do we it going Why What’s the change? to take for us to make “ • Singer Ella Fitzgerald Singer • Author Claude Brown •

and former U.S. Department of Justice OJJDP September 21, 2006) (USA Today, Administrator. (September, 2006)(September, — Shay Bilchik, CEO, Child Welfare League of America League CEO,Shay Bilchik, Child Welfare — to do. The tragedy is, we’re not capitalizing capitalizing not we’re is, tragedy The do. to it.” on reforms. what us tells that research the have “We the need for change, and and the need for change, some states are implementing #2 The nation recognizes#2 The and follow the science” and follow Jeffrey Fagan, Columbia University Dr. — policy direction. course “It’s time for the law to change #1 All the new research #1 All the new research supports in a change

PG. 18 full potential?The choice isours. and lawsthatnurturetheirsuccessfultransitionintoadulthood andtherealizationoftheir bed? Orwillwecommittoreinvestinginournation’syouththrough policies,programs, As asociety, areweonlygoingtocommitprovidingouryouth withajailcellorprison Fitzgerald? such Beamon,oraU.S.senatorsuch asElla asAlanSimpson,oranentertainer Bob How dowecalculatethecontributionstosocietyofanOlympic goldmedalistsuc suicide inanadultprison? How dowecalculatethelossoflifeayouthsuch asDavidBurgoswhocommitted of thecurrentpolicyaresimplytoohigh. principles andthreatentodismantlethecourt’smajorgoalrehabilit thatmakeiteasiertotryyouthasadultshaveerodedthesefounding statutes State • young peopleareeveryone’sresponsibility. • youth haveconstitutionalandhumanrightsneedadultinvolvementtoensurethose • youth havedifferentneedsfromthoseofadultsandneedadultprotection organizations gatheredtorecommitthebasicprinciplesofjuvenilecourt: ofthe juvenilecourt,morethan100prominentnational On the100thanniversary — Chances2000) OlympicGoldMedalist(Second Beamon, Bob “I gotoffthecornerandintocommunitycenterschool.” #3 When weinvestinyoungpeople,theycansucceed. policymakers. out, organizing,andeducatingnationalstate parents, andtheirfamilies,whohavebeenmostaffectedbythesepolicies,arespeaking andupdatetheirlaws. Inaddition,youth,their actiontoreformtheirstatutes are taking featured inthisreport Mostofthestates to investigatetheimpactofthesestatues. North Carolina,Connecticut,andVermont, high-levelcommissions haveestablished such as Otherstates, as IllinoisandDelaware,havealreadyrepealedpunitivestatutes. such andinsomecaseshaveimplementedpolicychanges. Somestates, statutes state their policy. havealreadybeguntore-examine in nationalandstate A number ofstates andlocalorganizationswhoarecallingformajorchanges of prominentnational,state, These publicofficialsaresupportedbyscores reforms nationallyandinindividualstates. correctional administrators;andprobationofficialsthroughoutthecountryarepushingfor legislators;juvenileandadultcourtjudges;detention,jail, State rights; and guidance; ate youth.The costs 60 60 h as #3 When we invest in young #3 When weinvestinyoung — OlympicGoldMedalist Beamon, Bob community centerandschool.” “I gotoffthecornerandinto theycansucceed. people, (Second Chances2000) (Second

PG. 19 disparities in the justice system. for youth in the juvenile justice system as an alternative to the adult criminal justice for youth in the juvenile justice system as system; and states federal and state to invest racial to reducing resources in effective approaches families most affected by these policies are involved in policy deliberations. improvements in the juvenile justice system by investing in programs that are improvements in the juvenile justice system developmentally appropriate and evidence-based, through the JJDPA other federal and programs as well as through state appropriations. significant data collection efforts on the impact of prosecuting youth as adults. and and prisons and hold public hearings on an ongoing basis to ensure that the youth Prevention Act (JJDPA) in 2007 by: Prevention Act (JJDPA) in 2007 recommended in their state’srecommended in their as: such section 3. Starting this year, federal, state,Starting significant and local policymakers should make this year, 3. federal, state, local policymakers should invest in and undertake and year, This 4. state,Federal, and local policymakers should commit to visit youth regularly in adult jails 5. to expand developmentallyredirecting resources and services appropriate treatment • and effective legal counsel for youth. investing in quality • should consider amending the Juvenile Justice & Delinquency policymakers Federal 2. ban on placement of young people in adult jails and prisons; and imposing a federal • federal “Disproportionate Minority Contact”strengthening the by requiring provision • c recommendations on how the laws and policies in those states laws and policies in on how the specific recommendations should be federal, state, in scope, and are national recommendations updated. These and local as soon as possible. should adopt these policymakers State immediately adopting the reforms and local policymakers should consider 1. to 18; increasing the age of juvenile court jurisdiction • jails and prisons; banning the placement of youth in adult • by judicial waiver only; providing waiver/transfer to adult court • RECOMMENDATIONS state each report, experts from of this state- their own have developed In every chapter

PG. 20 NOTES 34. 34. 33. 32. 31. 30. 29. 28. 27. 26. 25. 24. 23. 22. 21. 20. 19. 18. 17. 16. 15. 14. 13. 12. 11. 10. 9. 8. 7. 6. 5. 4. 3. 2. 1. populations report. Wisconsin (2003). OfficeofJusticeAssistance Council onCrimeandDelinquency. in theadultcriminaljusticesystem. Hartney, June). C.(2006, Campaign forYouth Justice. based variationsonpre-trialdetention. Goemann, M.(2007). Author. IL: Memorandum Judicial Advisory Council April). Juvenile JusticeInitiativeofIllinois.(2006, Hartford, CT: Author. Analysis Unit. Police,Department ofPublicSafety, Crimes DivisionofState ofConnecticut Uniform CrimeReportingProgram,State Ibid. Author. inadultcriminalcourt. and sentencingyouth Juvenile Justice.(2005). Journal ofForensicMentalHealth. considerations. legal pathwaysanddevelopmental Woolard, J.(2005).Juvenileswithinadultcorrectionalsettings: York: Institute. Manhattan Dilulio, J.(1996). Wolf pack’s April22). prey. (1989, See Goemann,M.,8. February 2004. February 2004. fromtheDepartmentofCorrections, CA, unpublisheddata The News Virginian. Owens, M. (2006, July 20). OK given for teen to leave adult jail. Corrections. Robert Nikolay, BudgetDirector, Wisconsin Departmentof Department ofCorrections,July2006. providedbyLauraCrossattheVirginiaAccording todata three weremales,andonefemale. 74 weremalesand10females,ofthe15-year-olds, weremales and16werefemales;ofthe16-year-olds, 303 of 18duringthecalendaryear2005.Of17-year-olds, concernyouthundertheage andstatistics Alldata 24, 2006. Department ofCorrection,NorthCarolina,onJuly20and Collected fromtheOfficeofResearch andPlanning, andResearch. Juvenile Justice,OfficeofData RequestfilledbyTedData Tollett, FloridaDepartmentof July). (2006, requestfilledbyConnecticutDepartmentofCorrections. Data See 20,p.113. See 20,p.110,114. Washington, Author. DC: inadultcriminalcourt. failure oftryingandsentencingyouth Coalition forJuvenileJustice.(2005). RetrievedJanuary2,2007,statement. fromwww.cjca.net Council ofJuvenileCorrectionalAdministrators’policy court juvenile justice:transferofadolescentstotheadultcriminal September). Fagan, J.(2006, Journal ofForensicMentalHealth, considerations. pathways anddevelopmental (2005). Juvenileswithinadultcorrectionalsettings:Legal Woolard, J.L.,Odgers,C.,Lanza-Kaduce,&Daglis,H. Juvenile JusticeandDelinquencyPrevention.p.237. Department ofJustice,OfficeJusticePrograms, nationalreport. and victims:2006 Snyder, H.N.,&Sickmund, M.(2006). Ibid. of Justice,BureauJusticeStatistics. inmates atmidyear2005. Beck, A.J.,&Harrison,P. May). M.(2006, Federal Government,1974. The JuvenileJusticeandDelinquencyPreventionAct,U.S. justice served? Juszkiewicz, J.(2000,October).Y Daily Progress. July20).Judgeordersboy’smoveoutofjail. Nowak, L.(2006, 19, 1993. approvedMay American JailAssociationpolicystatement, Ibid. Ibid. While inCalifornia, Latinoyouthwereshowntobethree ojjdp.ncjrs.org/ojstatbb/ezapop/ access tojuvenilepopulations. Puzzanchera, C.,Finnegan,T., &Kang,W. (2006). [MacArthurIssueBrief#5].NewYork, NY:Author. Crime inConnecticut Washington, BuildingBlocks forYouth. DC: Available fromwww.dailyprogress.com How tostopthecomingcrimewave. Madison, WI: Author, Madison,WI: p.10. Available from www.newsvirginian.com Children beingtriedasadults:State- Childhood ontrial:The failureoftrying Fact sheet:Youth underage18 Washington, U.S.Department DC: The Changingbordersof Available fromhttp://www. outh crimeadulttime:Is Washington, U.S. DC: The NewYork Post. Oakland,CA: National 4(1), 18;Coalitionfor 4(1),1-18. 2003[Annualreport]. Childhood ontrial:The Washington, DC: Juvenile offenders [Analysis].Chicago, Prison andjail Washington, DC: International Adult jail Review of International Easy New

60. 60. 59. 58. 57. 56. 55. 54. 53. 52. 51. 50. 49. 48. 47. 46. 45. 44. 43. 42. 41. 40. 39. 38. 37. 36. 35. 13, 2004. Roper vs.Simmons,U.S.SupremeCourt,no.03-633.October Ibid. www.aecf.org/initiatives/jdai/ For moreinformation,gotohttp:// in1992. Initiative, started The AnnieE.CaseyFoundation JuvenileDetentionAlternative Youthful December1). OffenderSubcommittee.(2006, North CarolinaSentencingandPolicy AdvisoryCommission, Ibid. The UrbanInstitute,p.39. DC: consequences ofjuvenileversusadultjustice. Roman, J.(2005,July). id=2&content_id=28 Available fromhttp://www.adjj.org/ content/page.php?cat_ September). Development andJuvenileJustice.(2006, MacArthur Foundation Research NetworkonAdolescent and DelinquencyPrevention. Justice, OfficeofJusticePrograms,Juvenile inFlorida. criminal court (1999). Bishop, D.,Frazier, C.,Lanza-Kaduce,L.,andWhite, H. Ibid. p.10. Ibid. p.10. And justiceforsome. National CouncilonCrimeandDelinquency. (2007, January). colorado.edu/cspv/blueprints/index.html violence prevention. Center fortheStudyandPreventionofViolence. report. youth; inotherplaces,Latinosseemunderrepresented times aslikelytobetransferredtheadultsystemwhite See 15,p.11. See 20,p.186. See 3,p.4. Ibid. 23, 2007). com/cservices/single.asp?site=1 (availableasofFebruary for thearticlecanbemadeat:http://www.blackwellpublishing. felony offenders.LawandPolicy, 18,(1-2).Onlinerequests onrecidivismamongadolescent criminal courtsanctions ofjuvenilevs. The comparativeadvantage Fagan, J.(1996). criminal records. reentry. onstatelegalbarriersfacingpeoplewith Areport Legal ActionCenter. (2004). gov/crt/split/documents/taycheedah_findlet_5-1-06.pdf Justice, CivilRightsDivisionisavailableathttp://www.usdoj. The reportfromtheinvestigationbyU.S.Departmentof prison. Overton, P. (2007, January1).Seekinghelpforteengirlsin Ibid. (2002). Washington, BuildingBlocks forYouth DC: initiative. intheU.S.justicesystem. behalf ofLatinoandLatinayouth A., &Walker, N.E. disparities inconfinementofallyouthcolor. SeeVillarruel, F incarceration rateofnon-Latinowhiteyouth,furthermasking onLatino/ayouthalsoinflatesthe to collectseparatedata and effectivepoliciestoremedythedisparities.The failure in thejusticesystem,ortofullydevelopmorecomprehensive and punitivetreatmentofLatino/ayouthatkeydecisionpoints makes itimpossibletodeterminethefullextentofdisparate South Americanancestry. The absenceofcomprehensivedata Latino/a youthofMexican,Caribbean,CentralAmerican,or separate Latino/ayouthfromwhiteordistinguishamong that donotroutinelyandsystematicallycollectdata states availablearelimitedbecause offenses,thedata the same do receiveharshertreatmentthanwhiteyouthcharged with adult court.Research hasshownthatalthoughLatinoyouth Summit. Washington, Broadcast. ALiveNationalSatellite DC. respond tothedreamsofyouth. Conference Proceedings.(June7, 2000). SecondChances.Washington, Author,(1999). DC: p.142. The Children’sCourtCentennialCommunicationsProject services. youth Mendel, D.(2006). Washington, AmericanYouth DC: Policy Forum. cost, moresafety:Guidinglightsforreforminjuvenilejustice. AmericanYouthDC: Policy Forum; Mendel,R.A.(2001). whatdoesn’t. juvenile crime,whatworks—and Mendel, R.A.(1999). CampaignforYouthDC: Justice. Rubin, T. (2006). Raleigh, NC: Author. Raleigh,NC: The Hartford Courant The Hartford Fact sheet #113: Astudyofjuveniletransfersto Fact sheet#113: Baltimore, MD: AnnieECaseyFoundation. MD: Baltimore, NewYork, NY:Author. p.18. Return themtojuvenilecourt. ¿Dónde estálajusticia?Acalltoactionon Small isbeautiful:The Missouridivisionof For moreinformation,gotohttp://www. Oakland,CA: Author. p.38. Less hype,morehelp:Reducing Assessing theeconomic Washington, U.S.Departmentof DC: , A1. After prison:Roadblocks to ANationalJuvenileJustice How shallwe Washington, Washington, Washington, Blueprints for Final Less

PG. 21 PG. 22 amenable to treatment in the juvenile court for any alleged offense, felony or misdemeanor. hearing, and they bear the burden of proof in showing that a 16- or 17-year-old minor is not likely to benefit from) juvenile court. In this type of transfer, prosecutors can request a fitness California as a “fitness hearing,” in which youth 16 or over can be found “unfit” for (i.e., not exclusively with the juvenile court judge. Judges use the judicial waiver process, known in From 1976 through 2000, the decision-making authority over the transfer process rested judicial waivertoadultcourtforseriousoffenses. Young peopleage16andoldercanface provision iscommonlyknownasautomaticorlegislativewaiver. enumeratedsexoffenses.InCalifornia,thistypeoftransfer aggravating factors)orcertain (i.e.,certain age 14andoldercharged witheithermurderspecialcircumstances Proposition 21requiresdistrictattorneystofilecasesinadultcriminalcourtforminors in theadultcriminalsystemforcertainoffenses(statutory exclusion). Young peoplearerequiredtobeprosecuted The followingarethelawsthatgovernyoungpeopleinCalifornia. justice policyinCalifornia,itisunlikelythatthelawwillbec Legislaturepassinga newlaw.the State Giventhepoliticaldynamicsrelatedtocriminal these lawscanbechanged isthroughanewpopularvoteorbytwo-thirdsmajorityof California becausetheywereballotinitiativeswithstrictrepealclauses.T permanently alteredseveralaspectsofthejuvenileandadultcriminaljusticesystemsin Proposition21andtheThree StrikesLawhave to 25-years-to-lifeinprison.Both with anykindofthirdfelony(violentornon-violent),thatyoungpersoncanbesentenced young personwithtwopriorviolentfeloniesconvictedandtriedasanadult;ifc Three StrikesLaw,Coupled withthestate’s consequencescanresultfora disastrous referred toas“Proposition21,” youthhavebeentriedasadultsforevenminoroffenses. “Gang Violence andJuvenileCrimePreventionActof1998,” aballotinitiativecommonly criminal justicesystem.However, sinceMarch 7, 2000,when Californiavoterspassedthe mechanism fortransferringyouthcharged withseriousviolentoffensestotheadult Since thebeginningofCalifornia’sjuvenilecourtin1913,therehasalwaysbeena CALIFORNIA? LAWWHAT IN THE IS

hanged inthenearfuture. he onlyway harged

for even minor offenses. for evenminor beentriedasadults have youth 21,” referred toas“Proposition initiativecommonly a ballot Crime Prevention Actof1998,” andJuvenile “Gang Violence passedthe California voters Since March 7, 2000,when CALIFORNIA

PG. 23

ability; it statute. is alleged to have 1

reverse waiver 2 of any felony offense committed when he or she was 14 or older, and where, on the of any felony offense committed when he or she was 14 or older, current offense the victim was elderly or suffering from an enumerated dis was a “hate” crime; or it was committed for the benefit of, at the direction of, or in association with a criminal street gang. association with a criminal street gang; sexual orientation; gender, national origin, disability, blind, deaf, quadriplegic, paraplegic, developmentally disabled,older, or confined to a or wheelchair; court’s jurisdiction; t disposition. Under the first scenario, if a youth has been prosecuted without the benefi • the youth 16 or older has previously been adjudged a ward of the court for commission the youth 16 or older has previously • Criminal court judges have options to return young people to juvenile court jurisdiction under a limited Even though there were no reverse waiver provisions included in Proposition 21, to advocates successfully added provisions giving judges some power to return youth juvenile court jurisdiction. In certain situations, criminal court judges have the authority to send a case for disposition (i.e., sentence) to juvenile court or to directly order a juvenile with one of several crimes, and one of the following criteria applies: with one of several crimes, and one of the the youth has previously been a ward of the court on a serious offense; • of, or in the pending offense was committed for the benefit of, at the direction • ancestry, the current offense is a “hate” crime motivated by the victim’s race, color, • young person knew the victim to be 65 years of age or at the time of the offense, the • This change effectively stacks the odds against youth and makes young people prove that that prove people young makes and youth against odds the stacks effectively change This court. juvenile in be to “fit” are they factors, above-mentioned the of each for 21 gave prosecutors power to directly Proposition (prosecutorial waiver). file juvenile cases in the adult court Proposition 21 provided substantial new powers to prosecutors to try youth as adults. whether can choose the prosecutor are now several categories of cases in which There petition or as an adult felony complaint. to file the case either as a juvenile delinquency 16 or older Prosecutors may “directly” file cases in adult court against a young person crimes. Prosecutors may also with one of several enumerated if the youth is charged 14 or older if he or she is “directly” file cases in adult court against a young person imprisonment; with an offense punishable by death or life charged with personal use of a firearm; or is charged committed any felony or attempted felony • whether the youth can be rehabilitatedwhether the youth expiration of the juvenile prior to the • previous delinquent activity; the youth’s • of previous attempts to rehabilitatethe results the youth; and • the circumstances have been committed. and the gravity of the offense alleged to • person young any that stipulating by law transfer judicial original the modified 21 Proposition previously had she or he if “unfit” presumed be would felony a with charged older or 16 14. of age the after committed felonies more or two of basis the on court the of ward a been There are five criteria used by judges to decide whether to transfer a youth: to transfer whether to decide by judges used are five criteria There sophistication; degree of criminal •

youth as adults. substantial new powers to prosecutors to try Proposition 21 provided

PG. 24 of Proposition 21’s passing, the only available data showedthat arrestratesofyouthwere of Proposition21’spassing,the onlyavailabledata characteristics ofyouthalreadybeingprosecutedintheadult criminalsystem.Atthetime When about thenumbersand Proposition21waspassed, therewaslittledata CALIFORNIA? LAWS BY IN THE AFFECTED IS WHO of 18 is being held in a California adult prison. Authority to house all youth under the age of 18. At the present time,California no youth Department under the of age Corrections entered into an agreement withinvestigation the California that Youth found inadequate conditions for youth, a policy andecision adult prisonwas made run and by thethe adult Department of Corrections. After aapproximately suicide and a 130subsequent young people housed at the California Correctionalin InstitutionCalifornia despitein Tehachapi, adequate bed space within juvenile facilities.the Until California 2004, there Youth were Authority. As a result, many youth have21 beenprevents housed many in youthadult convictedprisons in the adult system from being sentencedcommitment directly facilities to as part of the California Youth Authoritycourt (CYA). jurisdiction However, ends at age Proposition 25, California has an extensive arrayprovided of state-run that theresecure is juvenile no contact between youth and adult inmates. SinceUnder California’sCalifornia law, juvenile youth convicted in the adult criminal courtsentence injuvenileprisonsuntilage18andthenmaybesenttoadultprisons. can be housed in adult prison Under newCaliforniapolicy, youngpeopletriedasadultsservetheir safely be managed by the disciplinary procedures of the juvenile facility.control of the juvenile facility, or because the nature of the dangerjuvenile posed facility, by the youth or tocannot the public because of the youth’s failurejail, to respondthe court to isthe required disciplinary to find that the youth poses a danger tolegislation the staff, otherto modify minors the in rules. the Now the law requires that before aYouth youth can beLaw placed Center, in a a national nonprofit advocacy organizationin in adult San Francisco, jail for minorsponsored discipline problems (e.g. typical annoying Afterteenage discovering behaviors), that the juvenile probation officers routinely requested judges to order detention • the youthisadequatelysupervised. • betweenyouthandadultsislimitedasmentionedabove; contact • the juvenileorcriminalcourtjudgemakesafindingthatdetentioninhall system, they may be detained in a jail or a secure setting for the confinement of adults if: jails or prisons. of whether they are prosecuted in adult or juvenile court) in “contact” with adult inmates in Under California law, it is unlawful to place young people (under the age of 18 regardless Young peopletriedasadultsmaybeheldinadultjails. youth’s age,isnoteligiblefortransfer, theyouthmustbegivenajuveniledisposition. a fitnesshearing.Finally, iftheconvictionisforanoffensethat,incombinationwith of unfitness,theyouthisentitledtoajuveniledispositionunlessprosecutorrequests juvenile’s age,wouldhaveentitledhimorhertoafitnesshearingwithoutthepresumption young personisconvictedofanoffenseincriminalcourtthat,combinationwiththe the criminalcourtmustimposeajuveniledisposition.Undersecondscenario,if the juvenilesystem,youthcanrequestapost-convictionfitnesshearing.Ifsuccessful, convicted ofanoffenseforwhich theyouthcouldhaveprovenamenabilitytotreatmentin exclusionorprosecutorialwaiver)andisultimately of afitnesshearing(i.e.,statutory the juvenilehall; totheotherminorsin ofthepublicorwouldbedetrimental would endangerthesafety 3 However, in cases in which youth are being prosecuted in the adult criminal 4

PG. 25 5.4% 83.6% 14.2% 0.9% 66.3% 3.1% 28.6% 1.4% – 100% – 100% – 26.2% 77.8% 100% 94.5% The only other only other The 2005 5 The ColorThe of Justice: 222,215 343 98,919 431 113 318 422 399 23 353 60 4 234 11 101 5 –

which found that transfer found that transfer which 6 , 100% – 100% – 31% 69% 100% 45.7% 54.2% 68.1% 27.3% 1.6% 26.6% 19.1% 33.6% 2.2% 13.8% 2003

221,875 410 87,927 586 182 404 608 278 330 414 166 10 110 79 139 9 57 7 2005, probation departments reported information on 661 transfers to the adult system. The adult disposition disposition adult The system. adult the to transfers 661 on information reported departments probation 2005, completed. were cases all not as 2005 in received dispositions 422 the for is here cited information Prison/CYA Probation jail with Probation Jail Fine in example, For yet. trials their completed not had youth many because low artificially are numbers These * Found fit Found unfit Found Dispositions* Adult Total Felony Offense: Arrest Misdemeanor Convicted Dismissed Court Juvenile to Returned Court Adult in Sentenced TABLE 1: JUVENILES 1: CRIMINAL IN THEADULT TABLE IN CALIFORNIA SYSTEM STAGE Arrests Court Adult in File Direct Court Juvenile Total Dispositions Ordered Hearings Fitness reconciled. Still, all the data reveal that transferring youth to the adult system disproportionately disproportionately system adult the to youth transferring that reveal data the all Still, geography. by widely reconciled. varies practice the that show also They color. of youth affects laws disproportionately affected youth of color. youth of color. affected laws disproportionately passageIn 2001, after enacted. It required Senate Bill 314 was of Proposition 21, data of the new and adult systems to document the impact collection from both juvenile Data from 2003 and 2005 provide the first comprehensive available adultification law. system in California. of youth prosecuted in the adult criminal look at the numbers collected data of sources other two are there data, processing system adult court the to in addition prosecuted In youth of number the on insight some provide of that level Department state the at California the and Corrections of Board California the These Both system. facilities. criminal detention juvenile and jails in housed youth data about data these since collect but issue, Corrections adults as tried youth the into insight easily provide not do are sources findings data their three methodologies, different using agencies different by collected are actually lower in the late 1990s lower in actually years. 25 in the previous at any time than Initiative, data Youth for Blocks study for the Building available was a in California Court of Juvenile Adult An Analysis Transfers shown in Table 1 above). Roughly similar numbers of youth get to the adult system via the the via system adult the to get youth of numbers similar Roughly above). 1 Table in shown Offenses: The most serious youth? serious most The Offenses: (as system criminal adult the in tried are year each arrested youth of proportion small very A

varies widely by geography. affects youth of color. They also show that the practice transferring youth to the adult system disproportionately All the data reveal that

PG. 26 attempt orareotherwiseadiscipline probleminthejuvenilehall),havebeensentencedto have beencourt-orderedtoremain intheadultjailpre-trial(e.g.,theyhavehadanescape locations areruralandlack adequatejuveniledetentionfacilities. Someoftheseyouth Clara.Someofthese El Dorado,LosAngeles,Madera, Monterey, Mateo,and Santa San Countiesinwhich thishasoccurredinthepastfiveyearsincludeButte, across thestate. Corrections showthatpre-trialyoutharehousedsporadically andinfrequentlywithinjails of compiledfromtheCaliforniaBoard jail incarcerationwhentheyaretriedasadults.Data alsoshowadisparateimpactintermsofwhereyoungpeoplemightexperience The data However, in several counties more than 10% of youth are directly filed into adult court. to directly file a youth in adult court in fewer than 2% of juvenile delinquency cases. youth is prosecuted. In most counties across the state, district attorneys use their discretion likelihood of being tried in the adult system varies substantially by the county in which the prosecutorial discretion. In one of the worst demonstrations of “justice by geography,” the Experience in California also shows the unfair effects of a system that relies so heavily on The disparateimpactbyjurisdiction–“justicegeography.” poses to young people, even when federal and state law sentencedprotects againstin adult “contact” court spent with someadults. time in jail and wereprobation exposed or toprobation many of andthe jail.risks Acrossthat jail the three-yearyoung period, people about deemed a third serious of the enough youth to be tried in adultthese court young received people sentences are still involving being exposed to the dangersmisdemeanors of jail time.(only In23 2005,in 2005, a third as compared of the to 330 young2005 people data inindicate 2003), ayet possible many of positive trend of fewer youngsentence. people The being data prosecutedfor 2004 were for incorrectly reported soprosecuted those data for are misdemeanors omitted here. (54.2%) The and fewer than 30% ofmost youth serious received crimes. a prison In 2003, more than half of youth Thein the data adult also systemcounter in the California popular notionwere that youth are sent to the adult system for the deemed fit for juvenile court if they were able to benefit from a fitness hearing. time. It is likely that many of the youth who are directly filed into adult court would also be judges disagree with prosecutors’ decisions to try youth in adult court at least 30% of the of youth to be “fit” for the juvenile justice system. Stated slightly differently, juvenile court of Proposition 21. But what is important to recognize is that judges consider about 30% surprising given the shift in burden of proof for certain types of fitness hearings as a result who go through fitness hearings are declared unfit for the juvenile justice system. This is not direct file and fitness hearing processes. The data show that approximately 70% of youth Liquor laws Petty theft Marijuana Motor vehicle theft Theft Assault Robbery Forcible rape Homicide TYPE OFFENSE TABLE 2:BY ADULT OFFENSE COURT DISPOSITIONS N/A N/A N/A 12 20 73 60 2 23 Arrested 2003 N/A N/A N/A 9 13 56 49 2 16 Convicted N/A 5 1 6 8 126 133 2 31 Arrested 2005 N/A 5 1 6 6 98 116 2 24 Convicted 8 court at least 30% ofthetime. at least30% court inadult youth totry decisions disagree withprosecutors’ judges differently, juvenilecourt justice system.Stated slightly to be“fit”forthejuvenile youth of 30% Judges considerabout which the youth is prosecuted. isprosecuted. which theyouth in substantially bythecounty in theadultsystemvaries ofbeingtried The likelihood andjail. orprobation probation sentencesinvolving received to betriedinadultcourt enough deemedserious people athirdoftheyoung In 2005,

PG. 27

10

11 9 transferred to the adult system as white youth. white youth; youth; and when he entered junior high school and began hanging out with a “skateboarding crowd.” and began hanging out with a “skateboardingwhen he entered junior high school crowd.” adult prisons across the state. Data are not available for us to know whether these youth arrived in CDC before or after their 18th birthdays. custody YOUNG PEOPLE AND FAMILIES AFFECTED CALIFORNIA’S LAWS BY out. are you and strike One Family: Park The Brian Park says he grew up in a “typical, middle-class” family in Alta Loma, California, a suburb about 50 in Brian’s life: he is one main difference miles east of Los Angeles. The of 16 serving a 45-year-to-life sentence for a drive-by shooting he committed at the age that injured one person and killed the other. Like most teenagers, he startedBrian Park was never a violent or difficult child. rebelling • youth were Latino, 51% of the total;3,397 • 628 youth were white, 9.5% of the total; 10% of the total; • 682 were the race “other,” youth in adult prison is that they are the “worst Although the public perception of youth housed only 32% of the youth from 1989 to 2003 were sentenced to the CDC of the worst,” remainder were or rape. The manslaughter, for crimes of first- or second-degree murder, (e.g., convicted of crimes ranging from very serious (e.g., armed robbery) to less serious simple drug possession). dataCalifornia lacks of 18 have been held in indicating how many youth under the age • Asian youth are 1.84 Pacific Islander youth are 2.36 times and be times as likely to to adult prison. is a disparate racial impact on youth sent There Historical data from the California Department of Corrections show that from 1989 to 2003, a total of 6,629 youth entered the custody of the CDC for an offense committed youth, steadily growing to a high In 1989,prior to their 18th birthday. the number was 172 and then declining to 504 youth in 2003. Of those youth: youth in 1997, of 794 • 164 were female, 2.5% of the total; youth • of the total;1,922 youth were African-American, 29% Race and ethnicity also play a factor ethnicity also play Race and in the adult system. a youth being tried of in the likelihood juvenile explored the disproportionality of the California Department of Justice The earlier Building results confirm the in their 2005 report. The and criminal justice systems study: Blocks • to the adult system as times as likely to be transferred are 4.70 African-American youth • Latino youth are 3.44 as white likely to be transferred to the adult system times as the jail, or are awaiting transport to the CYA. From the data not appear it does reported, CYA. to the transport or are awaiting the jail, youth staythat these removed they are typically periods of time (i.e., in the jail for extended within a month).

African-American or Latino. of the 6,629 youth sent to were the CDC, 8 out of 10 Between 1989 and 2003,

PG. 28 to bere-sentencedafterserving10yearsorturning25 old, Brianwrote: In arecentlettertolegislatorsconsideringSenateBill1223, a billtoallowyouthc to helpBriantransitionback intosociety. fitsohewillbealiveandhealthywhenBriangetsoutofprison.Hewantstothere stay released beforeservingatleast85%ofhissentence.Stewart Parktrainsfortriathlonsto thatitisdoubtfulBrianwillbe In thepost-three-strikes-world,Parksunderstand the judgegaveBrianmaximumsentence:45-to-life. over.The familyhiredanotherattorneyandstarted InMarch 2000,afterathree-weektrial, Brian confessed.Hislawyerdelayedgoingtotrialforfouryears,butthenhadastroke. Before hisparentsevenknewhe’dbeenarrested,andwithoutthecounselofanattorney his wounds. picked himup.One18-year-oldwasshotinthearmbutwouldrecover. The otherdiedof men astheydroveoff.Briandidnotrealizethebulletshadhitanyoneuntilpolice “Why don’tyougocap‘em?”Upsetfromtheincident,Brianshotintocrowdofyoung Earlier intheday, friendtoldBrian, oneofBrian’sfriendshadgivenhimagun.That same weapon, which turnedoutnottobethecase. something fromhiscartrunk.Brianandfriendsbelievedthemanwasreac Brian andhisfriendsdecidedtoleave.Astheyleft,onemanfromthegroupreac When theydidn’thaveany, theysaid thegroupbegancursingandharassingthem. the parkinglot,agroupofyoungwhitemenaskedBrianandhisfriendsforcigarette. tomeetupwithfriends.While Briandrovetoarestaurant The in nightofJune18,1995, mother, “I’mnotgoingtolivepast18.” andfearful.Hetoldhis not home.Aftertheshooting,Brianbecameincreasinglyagitated Fortunately, sotheParkfamilywas theganghadcalled andwarnedBrianoftheattack, weapon, hittingthewaterheateringarageandshatteringwindowshouse. the gangmembersdrovebyfamily’shouseandshot12roundsfromasemiautomatic One Saturday, him.OnBrian’s16thbirthday, thegangtracked Briandownandassaulted who hadindirecttiestothegang,andsogangbelievedthathewasdisparagingthem. members athishighschool. The reasonwaspetty. Brianhadbrokenupwithhisgirlfriend, When ofChinesegang Loma,hebecamethetarget Brianreturnedtoschool inAlta As aresult,theParkschanged theirparentingstyle. and notedthatthe“toughlove”approach couldharmtheirrelationshipwithchildren. psychologist, whowarnedparents thatnotallchildren respondwelltoharshdiscipline byaKorean-American socialworkerand attended asecondparentingclasstaught When toconflictagain.The Parksthen Brianreturnedhome,heandhisparentsstarted hisparentsattendedaparentingclassthatpreached a“toughlove”approach.Salinas, school, hisbehaviorandgrades improvedandhereturnedhome.While Brianwasin attended aprivatehighschool andmetwithacounselor. Afterhisfreshmanyearofhigh Concerned fortheirson,theParkssenthimtolivewithanauntinS late, andonce,policecaughtthemoutpastcurfewsmokingbehindalocaldrugstore. out Stewart andStellaPark,believedwasabadinfluence;Brianhisfriendwouldstay When spendingtimewithafriendhisparents, Brianenteredhighschool, hestarted back at my adolescence and realize how stupid some of my actions were. a second chance at life. I feel as if I have grown up so much over the years. Often, I look my ‘45 to life’ sentence. However a small part of me hopes that someone would give me lives of many people. I am truly remorseful for my actions, and I believe my guilt justifies after my 16th birthday I was shamefully involved in a crime that drastically affected the My name is Brian Park, a 25-year-old inmate of Calipatria State Prison. Three months alinas wherehe hing fora hed for hance , maximum sentence: 45-to-life. sentence:45-to-life. maximum Brianthe trial thejudgegave 2000, afterathree-week Brian confessed.InMarch the counselofanattorney, he’d beenarrested,andwithout Before hisparentsevenknew

PG. 29 ween my

, a current inmate serving time at Chuckawalla Valley at Chuckawallainmate serving time , a current Valley

A Fallen Youth Transformed by Spirituality, Education, Education, Spirituality, by Transformed A Fallen Youth

surrounded me. Many of them would tell me that I would spend the rest of my life in prison like them. Other youth I knew didn’t have the hope that I had because they had no support So or incentive to change. they got worse. I continued to resist depression, peer-pressure, and the violent prison culture. By the time I was 26, my life was 95% restored. My relationship with my dad was sweetheartgreat and I had been married to my childhood many years. My wife has for played a key role in my rehabilitation. Plus, I earned several trade class completions and was working my college degree. toward In 2002, I went up for parole. At that time the parole board only granted parole to .05% of the 1000s parole boardroom was filled with inmates eligible for parole. The of panel drilled me with questions about my upbringing, a heavy cloud of pressure. The of hope left and that if I would one day society would change, on me have mercy that America was the land of a My dad firmly believed and give me a second chance. second chance. Suddenly, I saw a small flickering light at the end of my tunnel. Then at age 18, I renounced my gang and decided to change my morals and values. I started to educate myself. Plus, I started to study and emulate the teachings and ethics of Jesus Christ of Nazareth. As I demonstrated my remorse for my crime and a determination to change, more and more people of society came to my aid. I started to grow mentally and spiritually. to state prison. Authority (CYA) At age 20, I was transferred from the California Youth people who had been in prison for up to 30 because now years big shock was a This up. I made the most terrible mistake of my life when I was 16:up. I made the most I participatedgang in a member. resulted in the death of a rival gang shooting, which My crime hurt I am greatly sorry). I was arrested the following many people (for which morning and sent to juvenile hall. My short and I hadn’t even begun to life was over Angeles I was tried as an adult and then transferred to the Los live yet. Eventually, majority of the in a cold, one-man cell. The slammed down County I was 17, Jail. sentences. Many of them were immediately juveniles I was with were also facing life I was when I was 17, Finally, crushed by the heavy weight of the hopelessness. sentenced to 16-years-to-life in prison. I could have given up and got worse, like many of my peers did. But a couple powerful my dad told me that I still had a fraction things happened that gave me hope. First, I was the youngest of my mom’s children, growing up in a gang and drug-infested and drug-infested up in a gang youngestI was the growing my mom’s children, of neighborhood of Southern my oldest My family struggled early on when California. at age 15brother was shot dead multiple and my second oldest brother was shot shooting, but survived.times in another gang bet the focus of a long and bitter custody battle At age one, I became parents. Sometimeswould the judge me to live with my mom, sometimes with order I was 12,my dad....By the time started my siblings were gang members and I to Soondevelop a bad attitude. my life went also joined the neighborhood gang and I then when I to juvenile hall a couple of times and spiral. I got sent on a downward was all messed the arm in a gang shooting. My value system was 14 I was shot in State Prison in California. Brian Warth: Parole always denied. always Parole Warth: Brian from following is an excerpt The Societyand a Caring by Brian Warth

in prison for up to 30 years surrounded me.”–Brian Warth This was a big shockbecause This now people who had been from the California Youth from the California Youth Authority to state prison. “At age 20, I was transferred age 20, I was transferred “At

PG. 30 back to the CDC. However, if the youth can fulfill his sentence before his 21st birthday, he in a facility)CDC until the youth turns age 18, at which time the youth will be transferred Authority. Presently, youth are sent directly to the Youth Authority (versus spending any time Approximately 130 youth who had been living in the adult prison were moved to the Youth 18 years of age sentenced to the wouldCDC be housed at CYA until their 18th birthday. the California Youth Authority (CYA) was entered into that stipulated that male youth under of Understanding (MOU) between the California Department of Corrections (CDC) and the conditions were not appropriate for youth. As a result, on July 1, 2004, a Memorandum Inspector General Report investigation of the Youthful Offender Program at Tehachapi found of Francis Ray on July 1, 2003, a teenager serving a three-year sentence for robbery. An In addition, poor conditions in the Tehachapi adult prison contributed to the suicide death “Drake Unit”attheNorwalkfacilityratherthaninadultjail. youtharehousedinthe house thepre-trialyouth.Atpresenttime,approximately 40 agreement withthenearbyNorwalkfacilityoperatedbyCalifornia Y youth, policymakerswereforcedtofindabettersolution.That solutionwasanegotiated in attheMen’sCentralJailLosAngelesCounty, includingtwosuicideattemptsby After amediacampaignhighlightedtheegregiousconditionsthatyouthwereliving have beentheeffortstoremoveyouthfromadultinstitutions,bothjailsandprisons. The mostsuccessfuladvocacyeffortsforyouthtriedintheadultsystemCalifornia Removing youth from adult facilities. CALIFORNIA? IN OPTIONS POLICY WHAT THE ARE fourth parolegrantinmid-2006. society bybeingreleasedonparole.” GovernorSchwarzenegger reversedBrianWarth’s andwillbetterserve Infact,heistheepitomeofrehabilitation rehabilitated. most certainly isthegoalof society,and rehabilitation thenWarth hasbeenseverelypunishedandheis andsecurity ofsocietyveryseriously.insure forthesafety Ialsobelievethatifpunishment Correctional Lieutenant,Idonotwritecronosveryoftenandt like toadd,thatduringmy22yearswiththeDepartmentofCorrections,currentlyasa on hispartprovestomethatmyrecommendationtwoyearsagoisstillvalidtoday productive outlookonlife,norstophimfrombeingamodelinmate.T Schwarzenegger thosedecisionswerereversed.Those decisionsdidnotdeviateWarth’s all threetimes,twicebyex-GovernorGrayDavisandonceGovernorArnold of PrisonTerms. forparolebytheBoard has threetimesbeenfoundsuitable However, In asupportletterforBrianWarth, CorrectionalLieutenant,D.C.Schall, wrote,“Warth different setofrules.” case) hasbeenparoledfromCYA fouryearsnow. hewastriedasajuvenilewith But (theactualshooterinmy will reverseitoraffirmit.Strangelyenough,mycrimepartner the thirdtimeIwasgrantedparole.Currently, Iamwaitingtoseeifournewgovernor Iwentback upforparoleand reversedit.In2004, once again,thethen-Governor went upforparoleagainayearlaterandthepanelgavemeanothergrant.B prison. Itwasadevastatingblow, butmyhopeempowered metokeepstanding.I grown upingangs,Ineverhad afull-timejobandIhadspentmyentireadultlifein Gray Davisreversedmyparolegrant.Inoppositiontome,hestatedinpar fivemonthslaterthen-Governor wish Icouldsaythatwastheendofmystruggle.But life-inmatetobegrantedparole.I granted meaparoledate.Ibecametheyoungest That wasamiraclemorningfor mebecausethepanelhonoredmychange and pleaded formylife.... crime, andprisontime.Iansweredthebestcouldatendofhearing

12 ake myresponsibilitiesto his continuedeffort outh Authorityto t, thatIhad . Iwould ut find abettersolution. policymakers wereforcedto suicide attemptsbyyouth, includingtwo Angeles County, the Men’sCentralJailinLos werelivinginat that youth highlighted theconditions After amediacampaign

PG. 31 ain , and any other

4 Governor

launched an effort to improve the compensation launched attorneys paid by the case for contract rather than by the hour. reduction/commutation. sentence of possibilities Investigate Some youth will receive sentences forcing them to spend the bulk of their lives behind y in bars for acts committed when they were very young and immature. Mentioned briefl California has a unique law that allows the Governor to override the story, Brian Warth’s Democratic Governor Davis used parole board’s decision in any murder case. Former early The with murder. this law to overturn any release possibilities for persons charged suggest that he won’t be as categorically indications of Governor Schwarzenegger opposed to parole, but we do not yet know how willing he will be to let parole decisions aid in their release, youth prosecuted in California could benefit from post- stand. To conviction advocacy support to highlight the progress they have made while in prison. Improve the quality of legal advocacy. legal of quality the Improve criminal system in California is best way to prevent youth from entering the adult The make the case for keeping the youth in the to have effective legal advocates to help Center has been developing Pacific Juvenile Defender juvenile justice system. The resources to support public defenders in their individual case efforts to obt many legal advocates are not public dispositions in juvenile facilities. However, are often private counsel or panel attorneys not affiliated with a public defenders. They defender office. Other advocates, including the Loyola Juvenile Justice Clinic, have • CALIFORNIA RECOMMENDATIONS • of involvement in the crime, the level of harm actually caused by the minor crime, the level of harm actually caused of involvement in the bill would have This matter that may affect the circumstances and gravity of the offense.” to the adult system by actions perpetrated helped limit the numbers of youth transferred legislature, in August 200 by their peers. Although the bill passed the vetoed the bill. Schwarzenegger A second bill was also sponsored by Senator Kuehl, Senate Bill 1223.would This billhave enacted a new mechanism for courts to review the sentenceconvicted of a person as a minor in adult criminal court and sentenced to prison.had Afterserved the 10 personyears of his or her sentence, or after the person hadof reached age, the25 yearsperson could have requested that the court review the sentence.would have The the court authority to suspend or reduce the sentence. Unfortunately,never gotthis out bill of committee. Legislative opportunities available after Proposition 21. Proposition after available opportunities Legislative of the initiative the language strategies because 21 restricts many advocacy Proposition occur via a new initiative or by obtaining to the law requires that changes a supermajority any existing lieu of changing are very difficult to accomplish. In in the legislature; both to highlight the injustice of attempted new and innovative methods laws, advocates have system by adding new layers to the code. youth tried in the adult (D-Santa sponsored by Senator Sheila Kuehl used in Senate Bill 1151, approach The the criteria that judges would use in fitness proceedings. As Monica), was to clarify consider when deciding whether to transfer five factors that judges mentioned, one of the sought to add Senate Bill 1151 a youth is “the circumstances gravity of the offense.” and minor’s degree the actual alleged behavior of the minor, includes the the sentence, “This can request to stay at the CYA until release. Females younger than age 18 were already already were 18 age than younger Females release. until CYA the at stay to request can February in into MOUentered an to pursuant Ventura in facility girls CYA the at housed time. one any at 10 exceed not does typically girls of population The 2001. difficult to accomplish. or by obtaining a supermajority in the legislature; both are very requires that changes to the requires that changes law occur via a new initiative advocacy strategies because the language of the initiative Proposition 21 restricts many

PG. 32 8. 7. 6. 5. 4. 3. 2. 1. NOTES • in California2005. Center. California DepartmentofJustice,CriminalJusticeStatistics month. proportion ofdirectfilebookingstojuvenilehallper from2002and2003thatcomparedthe Corrections data Independent calculationsbytheauthorusingDepartmentof Washington, BuildingBlocks forYouth DC: initiative. transfersinCalifornia. An analysisofjuvenileadultcourt Males, M.,&MacAllair, D.(2000). unprecedented_drop.pdf on JuvenileandCriminalJustice.http://www.cjcj.org/pdf/ crime andincarcerationrates Males, M.(2006). Juvenile Justice. California Youth AuthorityisnowknownastheDepartmentof The California DepartmentofCorrectionsandRehabilitation. The CaliforniaDepartmentofCorrectionsisnowknownasthe Orange County)inCaliforniawherethishappens. adult jails,althoughthereareatleasttwolocations(Fresnoand unlawful tohouseyouthadjudicatedinthejuvenilesystem law,unauthorized associations.Underfederalandstate itis toprevent are strictlysegregatedandallprecautionstaken recreationactivitiessolongaslivingarrangements in hospital therapy, participation in work furlough programs, or participation doesnotincludeparticipationinsupervisedgroup Contact www.leginfo.ca.gov California Welfare andInstitutionsCode§707. Available from death penaltybytheU.S.SupremeCourt. code provisioninexistencepriortotheabolitionofjuvenile not eligibleforthedeathpenaltyunderaseparateCalifornia The offensemaybepunishablebydeath;however, youthwere programs andcareersdespitetheircriminalhistory. government mechanisms permittingconvicted youthtoparticipatelawfullyincertain shouldcreate of futureemployment,financialaid,andotheropportunities.The state misdemeanors, youthmayfaceseriousconsequencesfromtheirconvictioninterms Given thelargenumbersofyouthwhoareprosecutedinadultsystemfor Highlight and address post-conviction employment barriers. Juvenile justice in California 2003 andJuvenilejustice Juvenile justiceinCalifornia2003 Unprecedented drop in California youth Unprecedented dropinCaliforniayouth Available fromhttp://ag.ca.gov/cjsc . San Francisco,CA: Center . San The colorofjustice:

12. 11. 10. 9. jail annex. youthinits runs asimilarprojectandhousesapproximately 40 minors.” AnaSheriff’s DepartmentinOrangeCounty The Santa Jail Pod areselectedfromtheranksof“better-behaved who are14yearsofageandolder. Those transferredtothe hall. The post-dispositionmaleminors JailPod housesupto30 in theNorthJailAnnextorelieveovercrowdingatjuvenile Fresno CountyonFebruary 3,2003,toallowyouthbeheld ofCorrectionsapprovedapilotprojectfor the CaliforniaBoard According tomaterialsprovidedthroughtherecordsrequest, housed inanopendormsetting,sothatiswhytheyarethere.” the lowest-levelkidsareinjail.These arekidsthatcanbe think thatthetoughestkidswouldbeinjail,butfact County CounselWes Merritthascommented,“You would Fresno recorded intheDepartmentofCorrectionsdatabase. youthwerebeinghousedina“jailannex”not an additional30 records actrequesttoFresnoCounty, itwasdiscoveredthat held inthecountyjail.When theauthorsubmittedapublic numbers ofyouthwhohavebeenadjudicateddelinquentbeing this chapter, thereisaprobleminCaliforniawithsignificant of Corrections Independent calculationsbytheauthorusingDepartment 2007, fromwww.buildingblocksforyouth.org Building Blocks for Youth initiative. p. 61. Retrieved January 28, ofcolorinthejusticesystem. youth approaches toreducingracialandethnicdisparitiesaffecting adult jailsinLosAngeles,see For adiscussionoftheadvocacyefforttoremoveyouthfrom February 2004. fromtheDepartmentofCorrectionsData, Unpublished data http://ag.ca.gov/cjsc Center. California DepartmentofJustice,CriminalJusticeStatistics Juvenile justiceinCalifornia2005 Jail ProfileSurvey No turningback: Promising

. Althoughnotafocusof (2005).Washington, DC: . Available from

PG. 33 PG. 34 days aftertransfer. the judge,onhisorherowninitiative, mayreturnanycasetothejuvenilecourtwithin10 any participationonthepartof theyouthortheircounsel).Oncetransferredtoadultcourt, cause thattheyoungpersoncommittedallegedoffense(without notice,ahearing,or person’s casetoadultcourt.The courtisrequiredtotransferthecaseifitfindsprobable attorneymayrequest,bymotion,thatthejuvenilecourtjudgetransferyoung state’s For anyClassCorDfelony, such aseavesdroppingorloiteringonschool grounds,a 14- and15-year-oldscharged withlower-levelfeloniestoadultcourt. Courts havediscretiontotransfer does notspecifyanygroundsforsuch areversewaiveroranyfactorstobeconsidered. be decidedbythejudgeinadultcourttowhich thecasewastransferred.The statute attorneyistheonlyonewhocaninitiatethistypeof state’s eligible forareversewaiverinwhich thecasecanbereturnedtojuvenilecourt.The however,charged withClassBfeloniesandoneparticulartypeofsexualassault, are as murder, sexualoffenses,andfirst-degreeburglary. carjacking, certain Young people transferred toadultcourtforClassAorBfelonyoffenses,whic Connecticutalsodeterminedthat14-and15-year-oldswouldautomaticallybe In 1996, judicial waiver Youth 14andolderface age ofadultcourtjurisdiction:Connecticut,NewYork, andNorth Carolina. jurisdiction oftheadultcriminalcourt. any infraction,violentornonviolent,istreatedasanadultandautomaticallyunderthe to make16theageofmajority, every16-or17-year-old inConnecticutarrestedfor Since 1971, oftheConnecticutJuvenileMattersCodewasamended when§46b-120 The upperageofjuvenilecourtjurisdictionis15. Connecticut’s adultificationlaws. a numberofdifferentlegalmechanisms. The followingincludethekeyfeaturesof In Connecticut,youngpeoplecanentertheadultcriminaljusticesystemthrough CONNECTICUT? LAWWHAT IN THE IS toadultcourtforseriousfelonies. mandatory 1

Only three states inthecountry havesuch ayoung Onlythreestates

reverse waiver h includecrimessuch , anditmust 2 3 North Carolina. North NewYork,Connecticut, and jurisdiction: age ofadultcourt such ayoung have country Onlythreestatesinthe court. oftheadultcriminal jurisdiction is automaticallyunderthe is treatedasanadultand ornonviolent, violent infraction, arrestedforany Connecticut 16-Every or17-year-old in CONNECTICUT

PG. 35 ” OC). ” If this , as they have ” or is currently

Unfortunately, many of these Unfortunately, 5 the prosecutor may request that the may request that the prosecutor 4

been deemed an adult due to age of majority, they are also unable to participate in juvenile been deemed an adult due to age of majority, limited services they ultimately receive are provided by the adult Department services. The has neither the resources nor the properly trained staffof Correction, which to provide appropriate services to youth. people detained while awaiting trial Young in the adult court end up in the adult corrections system. Connecticut is one of a few states jail system (pre-trial) and the in the country in which (D prison system (post-conviction) are combined into one Department of Correction held Male youth who enter the adult court, and who are not granted pre-trial release, are correctional institution under Institution (MYI). MYI is a high-security at the Manson Youth the jurisdiction of the adult DOC that houses prisoners ranging in age from 14- to 21- Correctional youth are held at Connecticut’s only women’s prison, York years-old. Female the morals of a child. Pursuant to a new law passed in 2006, all 16- and 17-year-olds in 2006, Pursuant to a new law passed the morals of a child. all 16- and 17-year-olds status,are presumed eligible for youthful offender however many do not benefit from the this statusprogram because prosecutors can deny with a felony. to any youth charged Prosecutors maintain discretion over youth with youthful offender status and can ask the youthful offender status with a felony from court to transfer any youth charged to regular adult status. Furthermore, if the youth violates probation, either with a new arrest or a requirements, the youthful as non-compliance with court-ordered violation such technical offender status, and thus its protections, can be revoked. Although the youthful offender statute is a step forward toward a less punitive and more rehabilitative 22. Due way of dealing with older youth, these youth are actually in a Catch to federal legislation, they are unable to access the services available in criminal court, as programs are designated for adults over the age of 18, and conversely Youth in the adult criminal justice Youth offenders.” system can be categorized as “youthful who youthful offender statuteThe was designed to provide certain 16- and 17-year-olds, with some of the protections of the juvenile otherwise would be prosecuted as adults, as maintainingcourt, such the confidentiality of records, a maximum sentencing limit to expunge their records. of four years, and the chance statute.teenagers are unable to benefit from the A young person is not eligible for the youthful offender statute if he or she has previously been convicted of any felony in adult of a “serious juvenile offense, criminal court, previously been convicted Also exempted from as murder or kidnapping. with a Class A felony such being charged youthful offender status or convicted of crimes such are those who have been charged as sexual assaults for and risk of injury—an offense that include selling or trading a child would physically harm or impair endangerment, and any other activity that goods, child court designate the proceeding a “serious juvenile repeat offender prosecution. a “serious juvenile the proceeding court designate both a juvenile court must impose the of the felony, the youth is convicted happens and stayed with the adult sentence criminal sentence, and an adult as or suspended as long sentence or committing any violating the conditions of the juvenile the youth refrains from sentence that, even when youth are granted a juvenile means subsequent crime. This justice system and the they can still enter the adult criminal in lieu of an adult sentence, suspended sanction re-arrested on imposed if they fail their probation or get can then be whose proceedings, at the type of sentence is required for youth a new offense. A similar offender prosecutions. have been designated as “serious sexual prosecutor’s request, sentence–a special probationary cases must be given a juvenile convicted in such Youth sentence—and an adult sentence that is period of at least five years to follow this suspended as detailed serious juvenile repeat offender cases. above in Connecticut is a blended sentencing state. sentencing a blended is Connecticut court a felony in juvenile with and older who are charged of young people 14 In the case adjudications, two previous felony and who have

also unable to participate in juvenile services. designated for adults over the and… they are age of 18, access the services available in criminal court, as programs are these youth are actually in a are unable to 22… They Catch Although the youthful offender statute is a step forward…

PG. 36 jurisdiction—the vastmajorityfornon-violentoffenses. 13,000 Connecticutyouthage16and17 arearrestedandfallunderadultcourt According toConnecticut’sUniformCrimeReportingProgram,appro Nearly 8,000 youth in Connecticut enter the adult court system each year. CONNECTICUT? LAWS BY IN THE AFFECTED IS WHO under age18areprovidedonlyadultprobationservices. marshals, andadultcourtjudges,letaloneprobationofficers.Asaresult,those there isnoadolescentdevelopmenttrainingprovidedtoprosecutors,courtst There arenoage-appropriateservicesavailableforyouthunderadultsupervision.Further, therewere 3,478As ofJuly25,2006, youthundertheageof18onadultsupervision. court judgeafterahearingonthematter. Commissioner ofChildrenandFamilies,fordangerousness,ifpermittedbythejuvenile also canbetransferredfromdelinquencyfacilitiestoMYIandY not gettreatmentequaltothetypedispensedbyjuvenilecourts. prison ringedwithrazorwire.Youths areincarceratedalongsideadultcriminals.They do Courant The Hartford of programsincludingeducational,vocational,andaddictionservices. health, highsecurity, andgeneralpopulationinmateswhoareinvolvedinawidevariety MYI“houseschronic disciplinaryinmates,closecustodyprogram,mental of theDOC, females areplacedatYCI. All girlsandwomenarealsoheldatYCI pre-trial.Inthewords are housedatMYIand committed tothecustodyofConnecticutDOC—males For thoseindividualsunderthe ageof18whoaresentenced—alsodescribedasbeing tocompleteacourt-orderedperiodof incarceration. sentenced totheDOC programmingrequirements,ortheycouldbe conditions ofbehaviorandrehabilitative If convictedofacrime,youthcanbeorderedtocompleteperiodprobationwith Young peoplecanbesentencedtotheDepartmentofCorrection. 18 whoarecharged withacrime. required tobesegregated“totheextentoftheirfacilities”fromindividualsoverage Institution (YCI). Young peoplewhohavebeendesignatedasyouthfuloffendersare Majority of arr of Majority 9 Afri 6% 6%

% African American and Latino ca non-violent of non-violent n-Americ 10 80 20 30 60 40 50 70 % % % % % % % % ests for for ests youth population youth To an and Latino youth overr youth Latino and an , the state’s largestnewspaper,, thestate’s MYI,“despiteitsname...isanadult tal Connecticu tal fe nses 16 30 -year and 1 and -year % 6 t Institutio Y incarcerated at incarcerated Yo 9 ork Correctional ork ung women ung 7-year-old ar 7-year-old n 62% epr 11 esented in adult institutions adult in esented In2003,of12,15316-and Institut Manson Y Manson at incarcerated Yo e non-violent offenses non-violent e ung men ung CI attherequestof CI 4% 80 e ” % out 8 violent of violent ” Youth 14andolder ximately 12,000-

7 Accordingto h aff, judicial fe nses 10

Program, approximately Uniform CrimeReporting According toConnecticut’s Uniform Crime Reporting Program. Uniform CrimeReporting ofthe Annualreport CrimeinConnecticut: (2003). Safety, DivisionofStatePolice,Crimes AnalysisUnit. ofPublic Department StateofConnecticut Source: offenses. fornon-violent the vastmajority jurisdiction— under adultcourt automatically arrestedandfall age16youth and17 are 12,000-13,000 Connecticut

PG. 37

19 Yet Yet 18

Forty Forty nses 13 17 fe 2% were h

violent of out 12

% e 97 and 2002, 97 80 4% ung men e non-violent offenses Yo incarcerated at Manson Y Institut Even though only about half 20 esented in adult institutions Even youth convicted of non-violent

epr 21 62% n 7-year-old ar ung women ork Correctional Yo incarcerated at Y Institutio t % -year and 1 30 16 nses fe tal Connecticu an and Latino youth overr To youth population ests for % % % % % % % % There were 124 16-year-olds and 282 17-year-olds at MYI in 2006; 18% and 282 17-year-olds were 124 16-year-olds There 60 30 20 70 50 40 80 10 16 As of July 20, 2006, between the ages of 14 and boys 407 MYI housed n-Americ

14 non-violent of

frican American and Latino and American frican ca A % 6% Afri 9 An additional 23 female inmates under age 17 were housed at YCI. There were two were There at YCI. were housed inmates under age 17 An additional 23 female 15 Majority of arr of the youth transferred to adult court were transferred for a violent offense, 7 of the youth transferred to adult court were sentenced to more than one year of incarceration. the length of time they would have received in crimes received sentences that exceeded had more rehabilitativethe juvenile system, where they would have services. additional 67 were convicted of robbery. The other 364 The inmates were incarcerated under of robbery. were convicted additional 67 the youthful offender statute for lower-level, largely non-violent offenses. juvenile in overrepresented are color of Youth offenders. non-violent are half and cases transfer between 19 In an assessment of juvenile transfers in Connecticut found that, on average, 90 year were transferred automatically researchers cases each adult court by prosecutorial discretion. and an additional 35 were transferred to period were of African-American youth. percent of all transfer cases during that time Connecticut. in 17-year-olds to 14- the of 13% only up made African-Americans 2002, in court and percent of juveniles transferred had no prior referral to juvenile Twenty-seven 84% who had juvenile records had not fully exhausted the resources of the of those to adult court. juvenile justice system prior to their transfer In Connecticut, youth of color comprise fewer than 30% of the youth population, population, youth the of 30% than fewer comprise color of youth Connecticut, In system. corrections adult the in men young the of 80% up make they but 14% and are African-American age 14 to 17 of Connecticut youth 14% Approximately are Latino. 17. in 2006, at YCI 15-year-old girls housed the girls one white and one African-American. Of or Latino females female, there were two African-American for every one white at the YCI, incarcerated. there were 18 Whereas 82% were African-American or Latino. were white and almost no 15-year-old white eight Latino 15-year-old boys, there were African-American and African-American. the three 14-year-olds at MYI, all three were prisoners at MYI. Of for murder and an only six offenders were serving time In terms of their convictions, 17-year-olds who were arrested, only about 4% (535) were arrested for FBI-designated arrested (535) were about 4% only were arrested, who 17-year-olds assault). or aggravated rape, robbery, offenses (murder, violent index

Connecticut Department of Correction, July 2006. corrections system. but they make up 80%but they make of the young men in the adult color than comprise fewer 30% of the youth population, In Connecticut, youth of

PG. 38 go bylikehours”whileincustody. Chris’sbipolardisorderisinlargepartresponsiblefor unit. Chrishascontinuallybeen hauntedbythisimageandregularlyreflectsthat“minutes draggingthedeceased’sbodythrough the commonareaofhis Chris witnessedstaff Correctional Center, anadult detention facility, afellowinmatecommittedsuicideand Whileand receivedlittleornocounselinginterventionsfromstaff. heldatBridgeport various adultfacilities,includingMYI,inwhich hehascontemplatedsuicidemultipletimes some multipletimes.Sinceturning16yearsold,hehasbeen det Subsequent totheinitialdomesticincident,Chrishasbeenheld ineightdifferentfacilities, Chriswasreevaluatedanddiagnosedwithbipolardisorder.stabilized, for sixmonths,Chriswasmisdiagnosedandovermedicated,leading toseizures.Once healthconditionsworsened.When atRiverviewHospital mental hewashospitalized services, butonlyforashorttimeperiod.With thelimitedservices availabletohim,Chris’s Chris wasdeemeda“child fromafamilywithserviceneeds”andreceivedspecial withthejuvenileandcriminaljusticesystemforminorinfractions.Initially,lengthy contact during thenextfamilyaltercationandhadChrisarrestedforass have himarrestedthenexttimethishappened.Trusting thepolice,Ms.P. calledthem accessingservices,buttheiradvicewassimplyto escorting Chrishomeforassistance neighborhood.Ms.P.night toridehisbikearoundStamford askedthepoliceofficers had troublesleepingandwouldregularlysneakoutofthehouseinmiddle mainstreamed intoaregularacademicschedule. Althoughjust13yearsold,Chrisoften Chris attendedadifferenthighschool forninthgradebutwasstillnotabletobe on aregularbasis,which madeChrisuncomfortable. severely emotionallydisturbedstudents.Further, histeacher “wrestled”withthestudents education class.The classwasheldinthebasementofschool buildingandincluded Throughout middleschool, Chrisfeltextremelyembarrassedtobeassignedaspecial necessarily, constitutealearningdisorder). did nothaveadiagnosedlearningdisorder(AttentionDeficitDisordercan,butdoes grade, landinghiminaninstructionalbehavioralmodificationclasseventhoughChris particularly inreading.Chris’sdisruptivebehaviorbecameaseriousproblembythefi Chris washyperactiveandatutorengagedtohelphimbuildhisremedialskills, was born,leavingMs.P. CT. withnofamilysupportinStamford, Duringhischildhood, father wasuninvolvedinhislifeandMs.P.’s justafterChris familymovedtoAlaska oldest son,ChrisW., whowasdiagnosedearlywithAttentionDeficitDisorder. Chris’s A young,whitemotherofthree,JohnnaP. hastriedeverythingtogetservicesforher Chris: Mental illness and lack of services leads to prison. LAWS BY CONNECTICUT’S AFFECTED FAMILIES AND PEOPLE YOUNG and possiblycontributestotheirbeingtriedasadults. healthservicescontributestodelinquency,reflect howthelack ofage-appropriate mental is unknown,thecasehistoriesofyoungpeoplewhohavespenttimeinadultinstitutions proportion ofyouthundertheadultcorrectionssystemwhohavement health disorderhasledtotheinfractionforwhich theyarearrested. health issuesinthejuvenilejusticesystem,behavioralmanifest treatment. healthissues andrequireappropriate inConnecticutsufferfrommental youth detainees healthdisorders.Sixty-two percentofthe mental justice systemshavediagnosable withthejuvenileandcriminal The vastmajorityofindividuals whocomeintocontact Young people with mental health needs end up in the courts. 22 The National Alliance for the Mentally Ill says that for many youth with mental thatformanyyouthwithmental Illsays The NationalAllianceforthe Mentally

24

ault. This initiatedhis ained orincarceratedin ation of their mental ation oftheirmental 23 Althoughthe al healthissues fth incarcerated in various adult old, he has been detained or times. Since turning 16 years different facilities, some multiple Chris has been held in eight or from interventions staff. received little or counseling no suicide multiple times and which he has contemplated facilities, including MYI, in

PG. 39 , al health , it took Ms. atute to make Moreover, he said, the families Moreover, Most recently, Chris was arrested Chris Most recently, 27 25 26 28 Although they are a small portion of the youth under the jurisdiction 29 custody are not kept separate from older female inmates. July 2005 there were 18 youth incarcerated at MYI who were already committed to July 2005 there were 18 youth incarcerated at MYI who were already committed to DCF state as wards of the due to abuse and neglect. of 112 young males incarcerated at MYI had open abuse and neglect cases. However prisons are not an as Connecticut lawyer and advocate Martha Stone has said, “Adult to wait while DCFappropriate place for abused and neglected children develops a treatment plan for them.” system. justice criminal Connecticut’s in Girls is a high-security adult women’s prison run by the Correctional Institute (YCI) York Connecticut DOC. houses all women committed to the DOC YCI regardless of their security level or age. to their health, of the adult criminal justice system, girls face a series of specific challenges women who have been placed in DOC opportunity for rehabilitation. and safety, Young deficiency in appropriate mental health services has led to his repeated involvement in the factors the statute has invalidated any protective criminal justice system. This provides. (DCF), Connecticut Department of Children and Families The oversees both which system, is obligated by st the family court and part of the juvenile justice available mental health services for any youth under the age of 18 in need, but the agency the statehas restricted space in facilities throughout for these adolescent patients. Even the youth who are committed to the DOC are entitled to mental health services provided services are largely unavailable to them. yet by DCF, to provide mental mandate This those under 18 who have health services still holds for been committed to the DOC, as well as those who are committed to the juvenile justice has not spread effectively into correctional facilities where the youth system, yet its reach in with mental health issues are forced to reside. According to Gary Kleeblatt of DCF, subsequently incarcerated at MYI. When he was released in June 2004, Ms. P. picked up picked June 2004, he was released in Ms. P. at MYI. When subsequently incarcerated at his appearance; she thought her shocked Chris from MYI and was a then-17-year-old son “looked like someone from a POW camp.” in his cell for up to 22 hours for the first two incarcerated at MYI, Chris was locked While have lengthy waitlists, it was weeks before weeks. Since academic programs apparently interviews with both incarcerated youth at MYI he received any education. According to To and their family members, the food is said to be the worst of any Connecticut facility. cable wires to heat water to cook noodles supplement their diets, the youth use exposed through the commissary—anpurchased unsafe infraction, but practice and an institutional a necessary survival tactic. the continued Although Chris has had the benefit of being deemed a youthful offender, Even when released on pretrial bond or probation, Chris has received little ment has received little bond or probation, Chris released on pretrial Even when but improperly medicated. was evaluated regularly he assistance. to his mother, According manic disorder and initiated with Chris’s bipolar negatively medications interacted These led to repeated arrests these manic cycles that Chris’s behaviors cycles. It was during trespassing, assault, as probation violations. such for low-level offenses, and technical without access to the treatment and services once Chris turned 16, he found himself Yet facility During one period of detention in an adult typical of juvenile court. prescribed approved by the to get the medication Chris had been three weeks P. correctional facility staff. has stated His mother for an that Chris “...was simply too young and he “needs treatment, he needs services, Institute]” Youth environment like [Manson under get his disorder up educationally, can help him catch he needs programs that the skills he needs to get a job.” control and develop for assault fistfight and was he participated in a neighborhood stemming from allegations his violating the law; however, his punishments have done nothing to ensure his mental to ensure nothing have done his punishments law; however, the his violating state have made his psychological Instead, they worse. stability. he needs to get a job.” he needs to get a job.” educationally, get his disorder under control and develop skills services, he needs programs up that can help him catch [Manson Youth Institute]” and Institute]” and [Manson Youth he “needs treatment, he needs Chris “...was simply too young for an environment like His mother has stated that

PG. 40 Ms. Dudacreceivedher. that allthegirlshadbeensexually abused.Gracehadcigaretteburnsonherskinwhen protocolwastoassume at theadoptionagencyinformed Ms.Dudacthatthestandard Philippines. Itwasunknownwhether Gracehadbeensexuallyabused,butasocialworker later. Ms.Dudacadoptedaphysicallyandpsychologically abusedGracefromthe shedidnotknowwhatwouldbegettingherselfintoyears Grace Dudacin1980, When single,white,nursingcollegeprofessor, PamDudac, adoptednine-year-old Vanessa. threatened tobeat,rape,andkillher. to herbyanotherinmatebecauseshedidnothaveany. Older womenalsoconstantly because shewasaccusedofhavingcontraband.The contrabandwassoapprovided was horrifiedwhenshestripsearched andtouched inappropriatelybyamaleofficer for twoweeks.Everyone,guardsandinmatesincluded,treated herinhumanely healthservicesormedication clothing.Shewasnotevaluatedformental days inthesame someone. Katharinesoonbecamehystericalandspent10 was incarceratedforstabbing Almost twoweekslater, intocustodyandheldatYCI. Hercellmate Katharinewastaken criminal justicesystem. thatKatharinewould bedealtwithintheadult press charges, butshedidnotunderstand her motherdecidedtofinallycallthepoliceandreportcarstolen.Sheagreed 10th time.SinceKatharinehadbeeninvolvedinseveralaccidentshermother’scar Before sheenteredthefourthprogram,Katharinestolehermother’scaragain—for accurate diagnosis. Katharine wasbipolar, butshehadneverbeensoberenoughlongtogivean the nextfewmonths,butdidnotsuccessfullycompleteanyofthem.Itwasbelievedthat attending theprogram.Shewasplacedinseveralinpatienttreatmentprogramsover butshecontinued totestpositiveaftertwoandahalfweeksof drug rehabilitation, did notfeelthatherexplanationwassufficient.Sheorderedtocompleteoutpatient recent yearsandhowherdrugusealleviatedsomeofthosefeelings,buttheprosecutor Katharine metwithaprosecutorandexplainedhowdepressedshehadfeltoverthe for $13,000worthofjewelryandelectronicequipment. parent’s homeandfoundtheneighbor’spossessions.Katharinewasc called thepolice,suspectingKatharineofburglarizingtheirhome.T andreturnedtothefamilyhome.Twoprogram, butshedidnotstay dayslater, aneighbor After thisincident,herfamilyhelpedgetKatharineintoasubst She was detained by the police in Bronx, NY, and was charged with disturbing the peace. transportation to a drug deal in New York where her stepbrother, a fellow heroin user, lived. Waterbury for a heroin overdose. Two months later, she stole her sister’s car in order to have passed 11th grade. During the following summer, she was taken to Saint Mary’s Hospital in Katharine requested to attend night school and her mother eventually agreed. She barely her. Unfortunately, this relationship lasted for almost five years. During her 11th grade year, this boyfriend introduce her to drugs, but he also physically, mentally, and sexually abused Katharine did manage to complete the 10th grade, but her life was troubled. Not only did On differentoccasions,thepoliceorhermotherreturnedtosc experiment withdrugs,skippedschool withherboyfriend,andwasfrequentlysuspended. Her parentsbelievedthiswasnormalearlyadolescentbehavior. Katharinebeganto She isolatedherselfandwasextremelywithdrawn.Aroundage12,shebecamesecretive. described ascharming andbright, butherpersonalitychanged drasticallyasshegrewup. Katharine isoneofthegirlswhohasbeenincarceratedatYCI. Asachild, shewas Katharine. ance abusetreatment hool. he policesearched her harged withlarceny . Katharine

,

for stabbing someone. for stabbingsomeone. Her cellmatewasincarcerated andheldatYCI. custody Katharine wastakeninto

PG. 41 hool, , a number , she called her made up of drawings of women engaged in sexual acts together. made up of drawings of women engaged in sexual acts together. to nine months in protective custody. Outraged by this slap on the wrist, Ms. Dudac was was Dudac Ms. wrist, the on slap this by Outraged custody. protective in months nine to for support of lack its and man young the of support school’s the by troubled more even drugs. with experimenting began and herself cut to continued Vanessa Vanessa. began to spend a lot of time with her paternal Vanessa year, At the end of the school cousins. Most of this time was unsupervised and she met an older boy named Angelo. and Joseph broke up the summer after ninth grade when she found out that Vanessa Once she found out, Jessica and Joseph had been sneaking around behind her back. ran away for three days. She spent those three days with Angelo on a cocaine Vanessa testing to Hall she returned home, she was admitted for psychological binge. When received a referral for outpatient Vanessa CT. HospitalBrooke Psychiatric in Westport, sc counseling but no services were put into place. She continued to use drugs, skip She also developed bulimia and created an altar in her bedroom cut herself, and run away. Vanessa had a best friend, Jessica, and boyfriend, Joseph, she depended on for support. had a best friend, Jessica, and boyfriend, Joseph, she depended on for support. Vanessa to and Jessica regularly went to the library after school During ninth grade, Vanessa her up at the did not call Ms. Dudac to pick complete homework, but one day Vanessa contacted Ms. Dudac been Jessica and found out that they had not normal time. Worried, called but did not Vanessa for her, searching together at the library that afternoon. While say she had been. Upon returning home she was grounded. where information any out find to teacher piano her contacted Vanessa, about worried Dudac, Ms. take Dudac Ms. that suggested teacher piano the and doing was Vanessa how about and Vanessa confronted Dudac Ms. Shocked, control. birth of method a obtain to Vanessa school. high her at student 19-year-old a by date-raped been had she that revealed Vanessa sentenced was and arrested was man young the and police the to this reported Dudac Ms. However, the two reconciled when he was released from prison. He abandoned Grace when he was released from prison. the two reconciled However, was molested by their Vanessa shortly after that and moved to Texas. and Vanessa to the Ms. Dudac found out, she reported the incidents neighbor’s six-year-old son. When done about the case. Subsequently police and social services, but nothing was best friend. lost her childhood and Vanessa of their neighbors turned against the Dudacs was never Vanessa in her early childhood, Although these traumatic events had occurred out to help others. and always reached an angry child She began to sneak entered Madison Middle School. once Vanessa But things changed cutting herself. One day sips of cough syrup and experimented with again. and Grace told her that she did not know who was calling and not to call mother, She began cutting herself regularly. Vanessa Distraught from the extreme abandonment, but the therapy provided was minimal. attended a young women’s self-esteem group that Grace would better understand her ethnicity. Ms. Dudac opposed the relationship due to the age difference. 1988, On October when 17, Grace was 16, she gave birth to Sean’s daughter, Vanessa. gambling a had also he inspector, control quality a as job good a had Sean Although Grace eviction, facing upon and him with child a raising handle to Unable problem. moved they and Sean with remained Grace Dudac. Ms. to Vanessa of custody relinquished Grace arrested. were three the thereafter, Shortly theirs. of friend dealer drug a with in was Sean fees. attorney’s on $15,000 spent Dudac Ms. after YCI at months nine served charged was He years. 30 to sentenced was dealer drug the and years two to sentenced him. against testified Dudac Ms. and Grace and offense zone drug-school a with to do with Sean. decided she would have nothing more Upon her release, Grace When When Grace was only 15 years old, she began dating an 18-year-old Cambodian named Sean. Grace had felt ostracized from the white, middle-class community she grew up in. Grace’s therapist actually recommended the relationship, because she felt

PG. 42 place almost one year ago. Had developmentally appropriate services been put in place place in put been services appropriate developmentally Had ago. year one almost place took that grandmother her with argument family heated a for YCI at sentence one-year a faces She arrest. her for issued been has warrant a and ascendance in currently is and again away ran Vanessa but issued, was warrant a before Transitions to her returned grandmother Her septum. nasal her of erosion to due hospital the to admitted was she that cocaine much so snorted Vanessa run, the on While probation. violated and away ran she until months two for placement the at stay to managed She home. group adolescent an Transitions, in placed was Vanessa appointment, therapy group a during out acting After herself. harming stop to her help or her treat sufficiently not did and week other every only was it but probation, through counseling attend to began Vanessa abortion, the After abortion. an have to decided and pregnant months five was She home. grandmother’s her to returned was and hospital the to admitted not was Vanessa a licensednursingprofessor. feels contributedtothedelinquencyofaminor, andnottoher. Vanessa’s grandmotheris listenedtoAngelo,whomshe staff behalf. Ms.Dudaccouldnotbelievethatthehospital onVanessa’s withthenursingstaff Angelowastalking Ms. Dudacarrivedatthehospital, to sendVanessa totheemergencyroomforapsychological admission,butbythetime Vanessa’s attempted sheetsonedayandfoundthemcakedwithdriedblood.MiCasa cutting herselfmorefrequentlyandusingmarijuana.The drugcounselorinspected her. andwasacceptedback intotheprogram.Vanessa ShereturnedtoMiCasa began Unfortunately, sheeventuallyranawaytoAngelobutlearnedhehadbeencheating on where shemanagedtoparticipateintheprogrammingandattendsc medications.Vanessa necessary wassenttoahomeforpregnantteens,calledMiCasa, abandonment issues.However, sinceVanessa the waspregnant,sheunabletotake bipolar disorder, oppositionaldefiantdisorder, anddepressionanxietyrelatedto agreed thatVanessa neededtobeplacedonmedicationformultiplediagnoses,including healthcareprovider. servicesfrom aprivatemental TheDudac hadobtained provider A fewmonthslater, Vanessa foundoutthatshewaspregnant.Inthemeantime,Ms. time onweekendsandoneweekendsheranawaywithAngelo. before shewasreturnedhomewithanelectronicanklemonitor. Shewaspermittedfree did notdowellonprobation.Shewassenttoacrisishomeforbriefperiodoftime for Vanessa, noneoftheserviceprovidersfollowedthroughwithtreatmentandVanessa Angelo intoVanessa’s treatmentplanning.Althoughseveralassessmentswerescheduled Although theprobationofficerrefusedtomeetwithMs.Dudac,officerincorporated sentence andthreeyearsofadultprobation.Vanessa metwithaprobationofficerweekly. withaone-yearsuspended Vanessa youthfuloffenderstatus pledguiltyandobtained Vanessa eventuallyreturnedhomeandinordertodealwiththecourtcaseexpediently, paranoid that they would remove her from the home and ran away before they arrived. intervention services provided by the anger management program. Vanessa became another family fight erupted when Grace was visiting and Ms. Dudac called the emergency appropriate secure setting, but the recommendation was not adhered to. A few weeks later, Vanessa met with a private psychologist around the same time who recommended an age- program. an management complete to anger court-ordered was and trial pending released was She her groped inappropriately. constantly inmates female older where week a for YCI at held into and taken custody was Vanessa person. elderly an against felony violent a with Vanessa and charged 60 was of age the over was Dudac Ms. incident, the of time the At the police. called Dudac Ms. and grandmother her slapped Vanessa argument. an into Vanessa got and she and friends other the with along home the of out Dudac Ms. Angelo house. threw the in friends other two and bedroom her in Angelo clothed with fully a naked her find to home came Dudac Ms. 16, turned Vanessa after weeks few A hool. inappropriately. inmates constantlygropedher a weekwhereolderfemale for andheldatYCI custody Vanessa wastakeninto

PG. 43 o hile in , in front of . Complying On July 24, 30 T. David’s father was David’s father was T. CF services, prompting ake him back to the sameake him back group home where his life had been threatened. While being transported, David jumped group home where his life had been threatened. While out of the moving vehicle. in ascendance, David left the group home, and was arrested for stealing and While was released and placed on probation to comply with his family court order with DCF David the restrictions placed on him under probation. However, was one of exercised his civil right as a 16-year-old to remove himself from D awaiting his revocation hearing, probation violation proceedings in his criminal case. While David was held at MYI. After four months of confinement compounded by the onset of severe depression and with no mental health intervention, he took his life by hanging himself with a bed sheet in his cell. therapeutic structure and schooling he needed while in residential care. David became he needed while therapeutic structure and schooling benefits. His physical and psychological a leader among his peers, experiencing both actively in his treatment regimen. T mother visited as often as possible and participated DCFhis detriment, however, discontinued payment for this placement, deeming it too in a therapeutic foster home, but his age expensive. David hoped he would be placed made him difficult to place. According to Mrs. Gonzalez, in New Haven, CT. Instead, David was sent to a group home David was tauntedthe group home had very little structure and by staff and encouraged he did just that. David was subsequently placed in another group Eventually, to run away. his home but was threatened by a resident with a gun and ran away again. He went to mother’s home and she took him to the hospital to receive an updated evaluation. DCF rejected his request to return to a prior placement, opting to t his father’s care, David began to act out. He was evaluated and diagnosed with Attention began to act out. He was evaluated and his father’s care, David to prescribed medication for the condition, and returned Deficit Hyperactivity Disorder, mother’s care, David always desired in his his mother’s care. Although happy to be back continuously disappointedthe ideal father/son relationship and was of by his father’s lack lives. As a result of emerging mental children’s interest and motivation to be a part of his David was hospitalizedhealth conditions and his familial stressors, repeatedly and, as a DCFresult of a neglect case, was placed under at age 10. guardianship his limited cognitive ability and he David’s resentment towards his father compounded grew easily frustrated with tasks. particularly He was in need of extra assistance regularly, and treatment interventions and, at He underwent several inpatient evaluation in school. facility by DCFage 14, was placed in a residential treatment because of his active neglect and severe depression, he received the case. Accurately diagnosed with bipolar disorder David: The ultimate sacrifice. ultimate The David: are eight correctional facilities incarcerated in adult the introduction, youth As noted in facilities. suicide than their peers in juvenile times more likely to commit at MYI while being held on Burgos, a Latino, committed suicide David 2005, 17-year-old worried about her son Diana Gonzalez, had been David’s mother, a probation violation. desperate; the letters detailedbecause his letters sounded of mental the lack services, inmates. counseling support from his fellow and how David was seeking C parents and three other siblings in Bristol, David grew up with both and physically abused Mrs. Gonzalez, both verbally an alcoholic who regularly court became nine, his parents divorced and the family David was When their children. to his father’s. W dispute. David went from his mother’s home involved in a custody for Vanessa a year ago, ones that addressed the many psychological traumas she had experienced in her young life, she may have been able to avoid having the suspended prison sentence imposed.

probation violation. committed suicide at MYI while being held on a On July 24, 2005, 17-year- old David Burgos, a Latino,

PG. 44 victimized....” received moreandbetterservices,” “fewercommunity memberswillbe Romansays, with thosetransferredtoadult court. “Ifjuvenilescommitfewercrimesbecausetheyhave injuvenilecourtcompared likelihood ofrecidivatingislower foryouthwhoaremaintained futuredollarsthroughloweryouthrecidivismrates;the long-term benefitofsaving returning 16-and17-year-olds tothejuvenilecourtjurisdiction, therealsowillbethe reforms couldprovemorecost-effective.Althoughtherewillbe costsassociatedwith Center attheUrbanInstitutewhotestifiedbeforelegislatureonraisingage,these According toJohnRoman,aresearcher withtheWashington, JusticePolicy DC-based olds back underthejurisdictionofjuvenilecourtconcernscostschange. Among themostcontroversialpartsofdebateoverwhether tobring16-and1 ofincarcerated16-to18-year-olds.”difficult roleofensuringthesafety “wouldreleasetheDepartmentofCorrectionfromits the practicesofmostotherstates are “neither children nor adults,” and raising the age of jurisdiction in Connecticut to reflect to Dr. youthages16to18 StevenBerkowitzandformerMYIwardenLeonardBarbieri, Correction totheDepartmentofChildandFamilyServiceswillbeundert Additionally, ananalysisoftheresourcesthatwillneedtoshiftfromDepartment criminal justicesystemsinConnecticutandtheircorrespondinggovernmentagencies. jurisdiction, itopenedupthedoorforareviewofimplicationsbothjuvenileand is acompromisebecause,althoughitdidnotexempt16-and17-year-olds fromadult thattheyouthfuloffenderbillfrom2005 of juvenilecourtjurisdictionto18,Lawlorsays parents morecontroloverdelinquentbehavior.” offensesto18,allow Committee, “wouldliketoincreasetheageofso-calledstatus Michael P.Representative Lawlor(D–EastHaven),co-chair ofthelegislature’sJudiciary adult system,wemakeitfarmorelikelythatthepublicwillbeharmedinlongrun. a lotoftheircrimeisimpulsive.” testimony, that“youngoffendersaregenerallynotrational,calculatingoffenders... shesaid implications ofautomaticwaiverandtransferyouthtotheadultcourt.Duringher University, onthenegative testifiedbeforetheJudiciaryCommitteeinFebruary 2006 At Walker’s request,Dr. DonnaBishop,acriminaljusticeprofessoratNortheastern jurisdiction. The commission published its recommendations in February 2007. provisions and to assess the cost of returning 16- and 17-year-olds to juvenile court established5846 a commission to evaluate the efficacy and implications of these transfer court jurisdiction did not pass in the 2006 legislative session, Section 16 of House Bill a violent offense. mistakes” should not suffer the same punitive consequences as a teenager who commits age possibly subject to the same outcome. She has said that youth who commit “silly to transfer a youth for a serious offense, as opposed to having all youth of a certain Representative Toni Walker (D–New Haven) believes that a judge needs to have discretion on juvenilejusticepolicyandpractice. tohaveapositiveeffect untilaperson’searly20s,isstarting its peakdevelopmentstage the partofbrainthatinfluencesemotionaldecision-making,suggestsitdoesnotreach assessments ofjuvenilecompetency. in Connecticuthavecalledforgreaterdiscretionjuveniletransferandmorein-depth including probationofficers,judges,defenseattorneys,andasmallnumberofprosecutors of braindevelopmentasitrelatestochronological age,criminaljusticepractitioners, court jurisdictioninConnecticutto18.Inlightoftheemergingscientificunderstanding arecallingonlegislatorstoraisetheageofjuvenile growing numberofvoicesinthestate Spurred byreportsofpoorconditionsatMYI,includingsuicidesandass CONNECTICUT? IN OPTIONS POLICY WHAT THE ARE 38 Heexplainsthat“lesscrimewill meanfewervictims,misseddays 33 Although legislation introduced by Walker to raise the age of juvenile 34 Bishopfurtherelaborated:“whenweputthemintothe 31 32 The lobe, recentresearch findingsonthefrontal 36 Althoughhesupportsraisingtheage 37 aults onyouth,a aken. According 7-year- ” 35 Spurred by reports of poor ofpoor Spurred byreports Connecticut to18.Connecticut in jurisdiction juvenile court legislators toraisetheageof in thestatearecallingon a growingnumberofvoices suicides andassaultsonyouth, atMYI,including conditions

PG. 45 Concerned olice Chiefs 42

afety is best

Police Chief James Police h as Chief State’sh as Chief Attorney 40

41

39 The juvenile court, working in concert with similarly interested youth juvenile The 43 As evidenced by the overrepresentation of individuals with mental health issues in the the in issues health mental with individuals of overrepresentation the by evidenced As youth when Thus, available. treatment suitable enough not is there system, justice criminal has that system a in themselves find they complications, psychological their to due out act system. justice criminal the of slope slippery the from them extracting of means no to little 17-year-olds and 16- to services rehabilitative providing to Commit collaboration. inter-agency and system justice juvenile the within legal advocate Ann-Marie DeGraffenreidt, “the perspective According to longtime child of the two courts is different, in that adult court is focused on punishment for crime as opposed to rehabilitation. is that kids aren’t philosophy behind juvenile court The set in stone.” agencies, can provide a specialized level of service that will ensure successful futures for Connecticut’s youth. to focus on rehabilitation and not simply punishment are working to make the juvenile justice system more effective, equitable, and safe.a compelling reforms make These for this system. eligible case for keeping 16- and 17-year-olds diversion. and prevention in Invest court is only one part of an effective juvenile to juvenile Returning 16- and 17-year-olds as afterschool alternatives such community Moreover, crime prevention strategy. programs, substance abuse counseling, and mental save health treatment policing, costs, both financial and emotional, court, and correctional costs along with the incurred by victims. Programs to keep young people from becoming involved in the courts also will help reduce disproportionate minority confinement. Decriminalize young people with mental health disorders. Raise the age of juvenile court jurisdiction. court juvenile of age the Raise have shown that public s As noted in this report’s introduction, studies and are provided with age-appropriate preserved when youth remain in juvenile court takenservices. In recent years, Connecticut has important to improve its juvenile strides and a conscious and concerted effort justice system. New services, pilot programs, • • • juvenile services in the proposed budget for Fiscal Year 2007 to create a more functional to create a more functional 2007 proposed budget for Fiscal Year juvenile services in the are returned to the juvenile court’s juvenile justice system. If 16- and 17-year-olds creates. jurisdiction, they will benefit greatly from the added services this money CONNECTICUT RECOMMENDATIONS • for every one dollar spent. for every one suc juvenile court jurisdiction, to raising the age of Opponents Offender Youthful believe that the 2005 amendments to the Christopher Morano, Statute provide enough safeguards offenders. for adolescent Connecticut P the Judiciary Committee on behalf of the Strillacci, addressing jurisdiction will actually that increasing the age of juvenile court Association, believes if a parent must be present, yet a police officer to interview a juvenile impede the ability of to support this theory. there is little evidence Rell has said, Governor M. Jodi “juvenile justice services in Connecticut too long,” “For deserve better.” particularly troubled children, children, have been failing...our ed $550,000 Burgos in July 2005, Governor Rell identifi by the suicide of David for of work, lower medical bills and, maybe most important, less fear and less suffering.” In In most important, and, maybe bills lower medical of work, less suffering.” less fear and court jurisdiction to juvenile returning 16- and 17-year-olds estimates that general, Roman a $3 savings approximately will result in judicial systems the correctional and benefit for this system. a compelling case for keeping a compelling case for keeping for eligible and 17-year-olds 16- to improve its juvenile justice make reforms system… These In recent years, Connecticut has taken important strides

PG. 46 25. 24. 23. 22. 21. 20. 19. 18. 17. 16. 15. 14. 13. 12. 11. 10. 9. 8. 7. 6. 5. 4. 3. 2. 1. NOTES • asp?a=1499&q=265428 asp?a=1499&q=265428 Youth Institution.http://www.ct.gov/doc/cwp/view. Connecticut DepartmentofCorrection:Manson Conn. Gen. Stat. §17a-12Conn. Gen.Stat. (a)(2004). Courant. The Hartford February 26). Don’t giveuponyouth[Opinion].(2006, §54-76hConn. Gen.Stat. Supp.). (2006 Ann.§54-76bConn. Gen.Stat. Supp.). (2006 to anadultconviction. Adjudication isthetermusedinjuvenilecourtthatequivalent to theregularcriminaldocket (formerly §51-308). §46b-127 isknownasConn.Gen.Stat. This statute http://www.ncjj.org/stateprofiles/ legislativesession. through the2004 transferprovisions asamended justice profiles:Connecticut National CenterforJuvenileJustice.(2005). ofConnecticutGeneralAssembly.State www.cga.ct.gov CT: Author. finalreport. to2002 1997 transfers inConnecticut April). Spectrum Associates.(2006, sa-nor.juveniles2feb22,0,7327718.story Newspapers. on treatmentofcriminalyouth. Coleman, T. February 22).Changesurged A.(2006, touserealnames. Permission wasobtained org/publications/juv06juvcourtjur1617.pdf jurisdictiontoage18 its juvenilecourt CT Voices March). forChildren.(2006, CT: Author. Subcommittee. (2002,February). HealthPolicyCT Council: Children’sIssues Mental Ibid. See SpectrumAssociates,17. See Puzzanchera, C.,Finnegan,T., &Kang,W., 14. Ibid. Ibid. Correction, July2006. requestfilledbytheConnecticutDepartmentof Data http://www.ojjdp.ncjrs.org/ojstatbb/ezapop/ Easy accesstojuvenilepopulations. Puzzanchera, C.,Finnegan,T., &Kang,W. (2006). Correction, July2006. requestfilledbytheConnecticutDepartmentof Data Program. Reporting oftheUniformCrime Annualreport 2003: in Connecticut Police, CrimesAnalysisUnit.(December,State 2003). ofConnecticutDepartmentPublicSafety, Divisionof State ct.gov/dps/ucr/ucr.aspx Connecticut UniformCrimeReports.Available fromwww.dir. Connecticut JudicialBranch, July25,2006. requestfilledbyExternalAffairsDivisionofthe Data of this disparity and make the changes necessary toeliminateit. of thisdisparityandmakethechanges necessary system, specificattentionmustbepaidandfundingallocatedtodeterminethecauses byreducingtheoverallnumberofyoungpeopleinjustice minority representation Although alloftheserecommendationsshouldhelpreducetheleveldisproportionate Eliminate disproportionate minority representation. http://www.greenwhichtime.com/news/local/scn- Middletown,CT: Author. Transfer ofchild charged with afelony . Southern Connecticut Connecticut Southern Annual report. A studyofjuvenile Available from

. http://www.ctkidslink. Why CT shouldreturn State juvenile NewHaven,

Milford,

Crime

43. 42. 41. 40. 39. 38. 37. 36. 35. 34. 33. 32. 31. 30. 29. 28. 27. 26. org/us/press_releases/30aug2005.htm offenders differently. Treat L.(2005,August30). Berkowitz, S.,&Barbieri, young Ibid. See Salzman, A.,41. See Salzman, The JusticeEducationCenter. juveniletrainingschool. at theConnecticut Haller, S.(2005,March). org/files/news/NYTRedefiningJuvenileCriminals.pdf The NewYork Times. April2).Redefiningjuvenilecriminals. A.(2006, Salzman, Ibid. org/MAR06/news/CT/CTNewsjunkie.pdf News. Connecticut inorange. February 21).Astatement Levine, D.(2006, Children andFamilies. juvenile justice. Henderson, W., &Brien,N.(2006). See SpectrumAssociates,17. 265454&docNav= Institution. http://www.ct.gov/doc/cwp/view.asp?a=1499&Q= Connecticut DepartmentofCorrection:York Correctional dcfbail0222.artfeb22,0,6894836,story Courant. The Hartford failstopaybail. FebruaryPoitras, 22).DCF C.(2006, 022106_a.asp org/issues/documents/FamiliesAndChildren/htfd_courant_ prisons. FebruaryPoitras, 21).CT: C.(2006, Teen crimes,adult No. 5782). Rock Attorney’sOffice. Hill,CT: U.S.ChiefState AttorneyChristopherL.Moranoinoppositionto(H.B. State’s Joint CommitteeonJudiciary. Testimony (2006). ofChief no newfacilitiesareconstructed. foryouthand Assuming servicesareconsistentlymaintained Connecticut GeneralAssembly. Remarks beforetheJudiciaryandAppropriationsCommittee, raising theageofjuvenilejurisdictioninConnecticut. February 21). Roman, J.(2006, campaign4youthjustice.org/MAR06/news/CT/CTPost.pdf youthful offenderstatus. February 21).Driveontoexpand Dixon, K.(2006, org/MAR06/news/CT/NewLondonDay.pdf crime penalties. Mann, T. February 22).Groupsseekingchange (2006, inteen- Champaign. centers. juvenile suicidesinadultjails,lockups andjuveniledetention Flaherty, M.G.(1980). Urbana, IL: The UniversityofIllinois,Urbana- Urbana,IL: The Hartford Courant. The Hartford Madison,Wisconsin: Wisconsin Councilon The Day.

http://www.campaign4youthjustice. The Hartford Courant. The Hartford http://www.campaign4youthjustice. http://www.courant.com/hc- An assessmentoftheincidences Connecticut Post, Connecticut http://www.campaign4youthjustice. Report onthereforminitiative Report http://www.hartfordinfo. The economicimpactof Rethinking thejuvenilein http://www. http://www.nccev. SouthBend,IN;

PG. 47 PG. 48 previously adjudicateddelinquent foractsclassifiedasafelonyandfacingrepeated • if theywere: A prosecutormustdirectfileacaseforyoungpeoplewho are16and17 yearsold Young peoplemustbesenttotheadultcourtforcertainacts. Mandatory waiver(statutoryexclusion). Nearly 95% of Florida juvenile cases transferred in 2000 were via direct file. adjudications (or adjudications withheld) for delinquent acts, one of which involved a felony. direct file for misdemeanors for youth who are 16 and 17 and have at least two previous transfer cases involving youth who are 16 and 17 years old. Prosecutors also may use imposed. For any offenses other than misdemeanors, prosecutors may use direct file to prosecutor views that the public interest requires that adult sanctions be considered or crimes (19 crimes apply). Prosecutors also have discretion to transfer cases in which the or 15 and charged with the commission, attempt, or conspiracy to commit certain serious This legislation grants prosecutors discretion to transfer to adult court youth who are 14 states or jurisdictions including Florida employ direct file (prosecutorial discretion waiver). Florida State Legislature passed legislation that expanded prosecutorial discretion. Only 15 and had limited discretion to transfer cases for 14- and 15-year-old juveniles. In 1994, the Prior to 1994, prosecutors had discretion to transfer cases for juveniles age 16 and older power anddiscretiontotransferyoungpeopleadultcourts. Prosecutorial waiver(directfile).Prosecutors havesignificant laws. adultification Florida’s of features key the are following The sentence. adult prior a had youth the because or indictment, waiver, mandatory waiver, judicial file), direct as Florida in known (commonly waiver prosecutorial ways: five in system adult the enter youth Florida, In did. U.S. entire the in judges as process waiver judicial the (7,000) court through adult to youth many as nearly sent prosecutors Florida 1990s, the during and decisions, transfer over power of deal great a have prosecutors Florida notoriety. international and national gained statutes adultification Florida’s 1990s, late the in prisons adult to sent being 14-year-olds and 13- several of story the broke media news national the After FLORIDA? LAWWHAT IN THE IS charges forviolentcrimes,or 1

4

3

2

FLORIDA

PG. 49 nd:

5 . In Florida, regardless of the offense, the State . In Florida, regardless of the offense, and previously been adjudicated delinquent; previously been adjudicated of a firearm, or involved a felony involved the use or possession conspiring to commit violence against a person. delinquent—or had adjudication withheld—for three felonies that were committed within that were committed withheld—for three felonies had adjudication delinquent—or other. each 45 days of may direct file a case, either because they choose to or because the crime dictatesmay direct file a case, either because they choose that the youth be transferred. Once an adult, always an adult. As shown, young people who have served previous adult sentences are automatically tried as adults. facilities or adult jails. people who await trial may be detained in juvenile Young 24 hours of arrest, young people must appear before a juvenile judge, who Within who are considered risks determines whether the youth pose a public safety risk. Youth to public safety must remain in physically secure detention centers while awaiting trial. young people who have there is a 21-day limit to secure detention; however, Generally, with serious offenses may be detained youth are been charged 30 for up to days. When Judicial waiver waiver before a judge. Office may file a petition for a discretionary Attorney’s a juvenile court judge who reviews the waiver proceeding is a two-part hearing before The defense counsel and then decides whether to evidence presented by the prosecutor and to transfer the case, the judge must fi transfer the youth to adult court. In order • the youth was involved in the delinquency act, sufficient probable cause to allege that • information supporting the transfer to adult court. background hearings can be voluntaryyoung person or his or her parents or A or involuntary. Waiver guardians can request that the case be transferred to adult court for trial, or a prosecutor serious bodily injury or death while stealing a motor vehicle or while in possession of a stolen vehicle. For crimes in which the mandatory minimum “10-20-life rule” applies, mandatory direct file must be used for youth who are 16 and years 17 old if their crime involved discharging a firearm or destructive device and resulted in bodily harm or death. Last, prosecutors must transfer the case to adult court via “indictment” in cases in which youth, regardless of age, are charged with capital charges meriting death or life without parole. In these cases, the juvenile court retains jurisdiction until the prosecutor seeks an indictment. Once transferred, these youth are tried and sentenced as adults in every aspect. Additionally, any cases still pending in the juvenile court for these youth are also transferred from juvenile court to adult court. This practice is commonly referred to as “coat In the tailing.” event that a youth is found guilty of a lesser felony charge than alleged in the indictment, the young person is eligible for juvenile sentencing. Youth also are subject to mandatory waivers if: are subject to mandatory also Youth • have they of a fourth felony offense for which with the commission they are charged • has been withheld; or a previous felony adjudication • to commit, or felony adjudications for committing, attempting one of three previous A prosecutor must direct file cases in which youth of any age are accused of causing • adjudicated previously felony and a forcible as classified for offenses charged previous adult sentences are automatically tried as adults. Young people who have servedYoung

PG. 50 (475) thanforarmedrobbery (404). morecasesweretransferredtoadultcourtfordrugoffenses According tothesedata, offenses. transferred fornon-violent(non-index)offensesand42%were transferredforviolent showthatofthe2,794database were juvenilecasestransferredtoadultcourt,58% fromtheFloridaDepartmentofJuvenileJusticeprofiles Additionally, data 2005-2006 and theother65%ofyouthcrimewerenon-indexcrimes. (which includeviolentcrimes,andburglary, larceny, theftofamotorvehicle,andarson) Enforcement website,in2005,35%ofcrimescommittedby youth were“index”crimes foundonFlorida’sDepartmentofLaw data According toUniformCrimeReporting(UCR) Most juvenile crime is not violent. FLORIDA? LAWS BY IN THE AFFECTED IS WHO 2. 1. tried asadults.Judgeshavetwooptions: allowing thecourttolevyjuveniledispositionsoradultsentencesonyouthwhohavebeen to adultcriminalcourtaswellprovidedbroaderdiscretiontheby Legislaturepassedlegislationthatmadeiteasiertotransferyouth Florida’sState In 1994, how youthconvictedasadultsshouldservetheirsentences. Trial judgeshavediscretionaboutwhereand separated fromadultinmatesbybothsightandsound. facilities. injuvenile exceptionally young,youthwhofaceadultcharges aresometimesdetained prosecution insecurefacilitiesareautomaticallytransferredtoadultfacilities.Ifthey adult population,theycanbeheldinjails.Young peoplewhoturn18whileawaiting Although youngpeoplewhoareawaitingprosecutiongenerallykeptseparatefromthe inadultjailsorfreedonbond. to adultcourtaredetained their transferfromjuvenilecourt.Mostyoungpeoplewhosecaseshavebeentransferred transferred toadultcourt,theymustappearbeforeancourtjudgewithin4 adult system. system. adult the in than rather facilities offender youthful designated in detained be may offenders youthful These penalty. death the by punishable not are that offenses first-time of convicted and age of years 21 and 18 between youth for options sentencing provides Act Youthful Offender Florida’s addition, In prisons. adult in incarcerated are year one than longer to Youth sentenced jails. county in incarcerated are year one than less to Youth sentenced facilities. adult to or monitored, closely are they where probation, options. sentencing Adult sanctions. juvenile for eligible be not 17 may and 16 are who youth file, direct mandatory a to due court adult to offender. the on sanctions adult or juvenile impose to whether determine they as judges to guidance provide reports These judges. court criminal to reports submit Justice Juvenile and Corrections of Departments Florida the dispositions, juvenile imposing considering are courts adult when cases In programs. rehabilitative residential or facilities correctional juvenile in sentences their serve options. sentencing Juvenile 6 10 Regardless of the situation, youth who are detained inadultfacilitiesmustbe Regardlessofthesituation,youthwhoaredetained This includes127 casesthatweretransferredformisdemeanoroffenses. Judges may sentence youth tried as adults to adult adult to adults as tried youth sentence may Judges Some youth who have been convicted as adults may may adults as convicted been have who youth Some 8

7 If their cases were transferred transferred were cases their If 9 8 hoursof 11

Justice profilesdatabase ofJuvenile Department Data fromtheFlorida transferred for violent offenses. transferred forviolent offenses and42%were (non-index) non-violent weretransferredfor 58% cases transferredtoadultcourt, thatofthe2,794show juvenile

PG. 51 s s s nse hite fe 16 ecidivist Latino W of Recidivist Successful R Successful Other ex 12% 28% 3% s ed to adult court

h ed ut al violations violent ind Yo Sanction Of those, 3,279 referrals Of those, 3,279 % 12 nic 42 ch hed” pairs youth transferr 18 10

Boot Camp Sentence Juvenile System

5 “best-matc Although not calculated as a rate, the latest e for non-violent offenses 17 cent of youth transferr 31 out 7 out of Adult System t idivism, obation nses c 14 fe Between FY 2000-2001 and FY 2004-2005, transfers to adult Adul Pr re 13 0 Fifty-eight per 50 100 150 to adult court wer 200 ony l Fe % % % % % % % On the average day in 2001, 465 juvenile males and 23 juvenile females 0% 15 60 70 50 30 20 40 10 frican-American non-violent of A

% iolation rates by sentence - Excluding te %

uth Yo of centage r V Pe 58 57 outh of color make up ab Y In Florida, African-American youth are youth African-American Florida, In courts. adult to transfers in overrepresented disproportionately Statistics compiled by the Florida Department of Juvenile Justice in 1996 found that, in Florida, African-American young people were 2.3 times more likely than white young people to be transferred to adult court. still show a racially disparate impact. figures from Florida’s DJJ In 2005-2006, while African-Americans represented 24% of the general youth population, of all the youth transferred to adult court. Although African-Americans represented 57% the Latino figures may underestimate young people who are Latino but were categorized as white, in 2005-06, Latinos accounted for 12% of the youth population and 12% of the young youth transferred. All told, non-white young people accounted for about 7 out of 10 people transferred to the adult system in Florida. During Fiscal Year (FY) 2004-2005, (FY) Justice handled the Florida Department of Juvenile During Fiscal Year 150,687 referrals and 95,263 individual youth. delinquency were transferred to adult court and 2,504 transferred to the adult individual youth were criminal justice system. court decreased by 23%. under are people young of Hundreds department. corrections adult the of supervision the In FY 2003-2004—the latest year available—1,301 were sentenced to youth in Florida adult prisons. transferred were youth young particularly when cases In jails. local in pre-trial for held were to adult court, rare exceptions were made to detain them in juvenile facilities. Furthermore, a 1991 analysis of young people transferred to adult court in two representative Florida counties showed that only 29% of the juveniles waived by for violent crimes. More than half (55%) of prosecutors to adult court were transferred with property offenses that court were charged the youth whom prosecutors sent to adult adults for misdemeanors. involved no violence, and 5% were tried as Florida’s with contact into come people young of Thousands declined. has transferred youth of number the but system, justice criminal adult Office of Research and Planning. (2007). 2005- and Planning. (2007). Office of Research Research/Delinquency_Profile/0506_Profile.html Source: the Florida DepartmentJuvenile Justice’s of 2006 Delinquency Profiles. http://www.djj.state.fl.us/ system in Florida. for about 7 out of 10 young for about 7 out of 10 people transferred to the adult to adult court. All told, non- white young people accounted African-Americans represented African-Americans represented of all the youth transferred 57% Americans represented 24% of Americans represented 24% of the general youth population, In 2005-06, while African-

PG. 52 1. young peoplewithsimilaroffensebackgrounds. likely tore-offendthanyouthsentthejuvenilejusticesystem,evenwhencompared County PublicDefender’sOfficehasfoundthatyoungpeopletriedasadultsaremore Research fundedandpublishedbytheU.S.DepartmentofJusticeMiami-Dade as juveniles are less likely to re-offend than young people treated as adults. Research has shown that young people who have been treated Y Y recidivate, thosetransferredtotheadultsystemcommittedmorefelonyoffenses. transferred toadultcriminalcourt.” The 2002reportalsoarguedthat“whentheyouth juvenile justicesystemhavealowerrateofrecidivismthantheircounterpartswhoare inFlorida’s “The andrehabilitation researchers foundthatyouthwhoreceivesanctions backgrounds. AssummarizedinareportbyFlorida’sDepartmentofJuvenileJustice, of 315“bestmatched” youngoffenders—thatis,peoplewithsimilaroffense Juvenile Transfer Study:FinalReport toCriminalCourt juvenile systemhavelowerrecidivismratesthanyouthintheadultsystem.Onestudy and publishedbytheU.S.DepartmentofJuvenileJusticefoundthatyouthin studiesofrecidivism. Academic andU.S.JusticeDepartment outh of color make up ab up make color of outh ab up make color of outh 57 57 58 58 V Percentage of Youth V Percentage of Youth % % iolation rates by sentence - Excluding te Excluding - sentence by rates iolation iolation rates by sentence - Excluding te Excluding - sentence by rates iolation % % A A non-violent of non-violent non-violent of non-violent frican-American frican-American 10 40 10 40 20 30 50 20 30 50 70 70 60 60 0% 0% % % % % % % % % % % % % % % Fe Fe l l ony ony ony ony 200 200 to adult court wer court adult to wer court adult to 150 150 100 100 50 50 Fifty-eight per Fifty-eight per Fifty-eight 0 0 re re Pr Pr Adul Adul fe fe c c nses nses obation obation idivism, idivism, idivism, t t System Adult System Adult out 7 out of of out 7 out of out 7 out 31 31 cent of youth transferr youth of cent transferr youth of cent e for non-violent offenses non-violent for e offenses non-violent for e 5 “best-matc 5 “best-matc 5 System Juvenile System Juvenile Sentence Sentence Camp Boot Camp Boot

10 10 youth transferr youth transferr youth hed” pairs hed” pairs hed” ch ch 42 42 , comparedtherecidivismrates nic nic % % Sanction Sanction Yo Yo violent ind violent ind violent al violations al al violations al ut ut A2002reportfunded ed ed h h ed to adult court adult to ed court adult to ed s s 3% 3% 28% 12% 28% 12% ex ex Other Other Successful R Successful R Successful Recidivist Successful Recidivist of of W Latino W Latino ecidivist ecidivist fe fe hite hite nse nse s s ” s s s s 19 , County Public Defender’sOffice County Justice andtheMiami-Dade of by theU.S.Department Research fundedandpublished org/PublicationDetails.aspx?PublicationID=564 fromhttp://www.sentencingproject. 5,2006, October p.5.Retrieved of juvenilestoadultcriminalcourt. January 8).ADJJ successstory:Trends intransfer ofJuvenileJustice.(2002, in FloridaDepartment Bishop,Lanza-Kaduce,&Winner,Source: ascited backgrounds. withsimilaroffense people even whencomparedtoyoung to thejuvenilejusticesystem, sent to re-offendthanyouth likely tried asadultsaremore people has foundthatyoung 20

PG. 53 s s s 21 nse hite fe ecidivist Latino W of Recidivist Successful R Successful Other ex 12% 28% 3% s ed to adult court h ed ut al violations violent ind Yo Sanction % nic 42 ch hed” pairs youth transferr 10

Boot Camp Sentence Juvenile System 5 “best-matc e for non-violent offenses cent of youth transferr 31 out 7 out of Adult System t idivism, obation nses c 22 fe Adul Pr re 0 Fifty-eight per 50 In 1998, Office initiated Public Defender’s Miami-Dade County the 100 150 to adult court wer 200 ony l Fe % % % % % % % 0% 60 70 50 30 20 40 10 frican-American non-violent of A

% iolation rates by sentence - Excluding te %

uth Yo of centage r V Pe 58 57 outh of color make up ab re-offended (excluding technical violations) 2.26 times more than youth receiving youth violations) 2.26 times more than youth technical re-offended (excluding adult probation or violations were included, youth receiving technical sanctions. When boot camp re-offended 4.90 times more than youth receiving juvenile sanctions. judges in the adult system to “sentence back” youth tried as adults by implementing adults by implementing youth tried as back” adult system to “sentence judges in the juvenile sanctions. compared re- researchers on the program, the a 2001 study done In camp versus probation and boot sentenced to adult between Florida youth arrest rates violations— those given juvenile sanction option). If technical “sentence-back” (the included, youth of a condition of supervision, not a new crime—are violations generally, re-offended 89.2%receiving adult probation to boot of the time, while youth sentenced receiving juvenile sanctions re-offended of the time. Youth camp re-offended 92.3% 39.4% placed on adult probation or in boot camps means that youth of the time. This the re-offend as youth receiving juvenile sanctions.were twice as likely to When adult probationers re-offended more than violations, excluded technical researchers 50% 60% to boot camp re-offended almost of the time and those sentenced of the receiving juvenile sanctionstime. Those re-offended slightly more than 30% of the adult sanctions and age, youth with for race, initial charges, time. Even when controlled Findings of the Miami-Dade County Miami-Dade of the Findings Public Defender’s SentencingOffice Juvenile Project. Advocacy project encourages Project. This Advocacy called the Juvenile Sentencing a program Y YOUNG PEOPLE AND FAMILIES LAWS AFFECTED FLORIDA’S BY In recent years, a few high-profile cases have spurred debate on juvenile justice policy and and reform in Florida. Some of these stories gained notoriety because they involved 13- 14-year-olds engaged in serious crimes that resulted in long, adult prison sentences. and Other cases involved young people engaged in routine delinquency who were tried news stories have dominated the headlines and provided the public jailed as adults. These with insight into the impact of Florida’s adultification statutes on young people, their families, and communities. Juvenile Sentencing Advocacy Project: Advocacy Sentencing Juvenile less. re-offended system justice juvenile the to sentenced people Young 2. Evaluation.pdf advocacy project. Retrieved October 12, 2006, courts: Evaluation report for juvenile sentencing Source: Mason, C. A., & Chang, S. (2001, October from http://www.pdmiami.com/JSAP_2001_Impact_ 15). Re-arrest rates among youth sentenced in adult

PG. 54 `Nobody wantedtoputdowna guiltyverdict,becauseitwasachild.’” whowasoneofTate’shim lifeinprisonwithoutparole. KathleenPow-Sang, jurorssaid, they couldnotgiveamoresympathetic sentencebecausethelawrequiredthemtogive views ontheoptionsavailabletothemunderlaw. “While theyhadsympathyforLionel, young mansomehelp.” Tate “We forthecourtsaid, had arealchance. The rightthingwouldhavebeentogetthis successfully reintegrateintosociety?Michael Brannon,thepsychologist whoevaluated The questionremains:didLionelTate servicesto receivesufficientrehabilitative prison. in years 30 to eventually was sentenced He man. delivery pizza Domino’s a of robbery armed an and for arrested was convicted he 2006 in and knife, a carrying caught was he 2004 In his sentence. complete successfully not Tatedid However, probation. of arrest years 10 house to of up year and a to up faced he 2004, 29, January on released was he in After years jail. three to sentenced was and manslaughter second-degree to he guilty where pleaded trial, new a granted Tatewas Lionel defense. his about decisions make informed to enough competent mentally not was 14, at Tate, that arguing the decision overturned Court Appeals State the 2003, late In appealed. attorneys Tate’s a lifewithoutanyhope...This isaconcernthatIknowsharedbymanyFloridians.” committed bya12-year-oldchild. Iamnotsureitisrighttoconsignsuch ayoungchild to the lawwhich canrequirealifesentence—withoutanypossibilityofparole—forcrime law. “Asthe state’s Bushstated, Ihavepreviouslyexpressed, Iamalsoconcernedabout The sentencecausedmany, including FloridaGovernorJebBush,topubliclyquestion adult courtoffirst-degreemurderandsentencedtolifewithoutparole. Eunick. Tate’s actionsresultedinEunick’s tragicdeath.In2001,Tate wasconvictedinan Tate, whowas12yearsoldatthetime,“wrestling”withsix-year-oldplaymate,Tiffany Lionel came intosharprelief.The incident occurredin1999. impact oftheFloridastatutes life withoutparole.In2001,inacontroversialcasethatgarnerednationalheadlines,the age betriedinadultcourt.Iffoundguilty, thelawrequirestheseyouthtobesentenced crimes,suchFor asfirst-degreemurder, certain lawrequiresthatyouthofany Floridastate Lionel Tate. investigate. to town in arrived crew Minutes” “60 a after case the dropped prosecutor the and headlines, schools.” our in violence promotes and fosters shoplifting two-dollar a than more no were it though as terms in robbery, strong-arm this felony, forcible “this treat to that said mugger.” this bully, prosecutor The schoolyard “this as in actions his explained prosecutor county The not raise bail money, Laster spent the next four weeks, Christmas included, in county jail. court set bond at $500, the minimum level for felony charges. Because Laster’s family could Laster spent three weeks in a detention center. On Christmas Eve, the judge in the adult sentence. faced thepossibilityofa30-years-to-life against Lasterinadultcourt:strong-armrobbery, extortion,andpettytheft.The youngman Krischernot armed.Soonafterward,FloridaprosecutorBarry filedthreefelonycharges the incidenttopoliceeventhoughLasterhadnopreviouscriminalrecordandwas to theWest PalmBeach JuniorHighSchool’s zero-tolerancepolicy, officialsreported for reaching intoaclassmate’s pocket andstealingtwodollarsinlunch money. andhearingimpaired,cametotheattention oflawenforcement disabled was mentally When AnthonyLasterwas15,hisrobberycasegainednationalattention.Laster, who Anthony Laster. 26 Afterrenderingtheguiltyverdict,somejurorsexpressedmixed The Palm Beach Post Beach Palm The 24 Laster’s case made national national made case Laster’s 27 , describing Laster Laster describing , 23 Thanks 25 included, in county jail. included, incounty the nextfourweeks,Christmas Lasterspent raise bailmoney, cause Laster’sfamilycouldnot charges. Be level forfelony theminimum at$500, bond set the judgeinadultcourt OnChristmasEve, money… dollarsinlunch stealing two and into aclassmate’spocket enforcementforreaching law of Laster cametotheattention -

PG. 55 , atute . In 2004,when , because Anthony ary school, Anthony was Anthony ary school, of the inmates. a Dominique also described the conditions of the Miami Dade Jail. Every time she had court hearing, she had to go to the county jail where she would be held in a two-by-four time. Not only was the cell. She was held there four or five times for up to 12 hours each Dominique explained that when she cell small, but the conditions of the jail were also poor. so asked to go to the bathroom, the guards would not listen or respond to her request, she often had to go to the bathroom on the floor of the cell. the four girls would wake up Dominique was held with three other girls. On a typical day, started to bed. School at 8:00 a.m. and ended and then go back at 4:00 a.m. to shower, down. At 4:00 p.m., they were at 2:00 p.m. From 2:00 p.m. to 4:00 p.m., they were locked allowed to use the phone. Afterwards, they were supposed to have recreation; however When Dominique was young, her mother died, and during much of her youth her father Dominique was young, her mother died, and during much When with her grandparents, but her grandmother died was in prison. She and her siblings lived money to support Dominique and her brothers and her grandfather did not have enough aunt and they moved frequently and sisters. Dominique moved in with her and transferred to the adult with armed robbery Dominique was 16, she was charged Dominique and only charge. was her first charge criminal justice system via direct file. This one year of probation. was sentenced to two months in jail and Dominique was held at the Women’s Annex in downtown Miami for two months(December 17 to February 28). Dominique described the facility as nastythat and “the said guards don’t care about you. They do things on their own She time.” said also that they were racist and gave extra privileges (food, extra theyphone favored. minutes) The to guards girls cursed and even flirted and acted inappropriately with some on conditional release for an anticipated period of two to four months and he will be for an anticipated period of two to four on conditional release If he does monitored by his juvenile probation officer and/or conditional release officer. of his program and conditional release, he can not successfully complete the conditions the Anthony is awaiting placement in While be sentenced for up to 15 years in prison. residential program, he is required to maintain weekly contact with his juvenile probation Anthony is not currently employed. His juvenile probation officer recommended officer. to get a job. However that he wait until he is released from the program to get on with his life until he gets placed into is on the waitlist for placement, he is unable placed at RAM-C, a program that serves a program. In December 2005, Anthony was offenders with developmental disabilities. Dominique. Princeton, Florida, is the oldest of four siblings. Dominique, an 18-year-old Cuban girl from successfully completed his probation for that offense. In element for that offense. completed his probation successfully with a mentaldiagnosed and, because in school began having trouble health issue. He to school. from school he moved addressed in one school, could not be his exceptionality he was arrested a totalAnthony has been to In January 2006,eight schools. of at age 17, accident with injuries. He was processed fleeing the scene of an for grand theft auto and as filed and charged Assessment Center where he was direct through the Juvenile able to go home while custody released to his mother and was an adult. Anthony was of his case. awaiting the disposition to Florida St was sentenced as a juvenile pursuant Upon conviction, Anthony 985.233 Department of Juvenile Justice to await placement and committed to the the residential program He is expected to be at facility. in a moderate risk residential he will be placed nine months. Upon completion of the program, for a period of six to Anthony. He middle child. Miami, Florida, is a male from 18-year-old African-American an Anthony, Anthony with stealing a car. charged At age 12, he was and one brother. has three sisters four or five times for up to 12 hours each time. would be held in a two-by- four cell. She was held there court hearing, she had to go to the county jail where she Every time Dominique had a

PG. 56 Annex, was diagnosed with bipolar disorder when she was admitted. They gave her her gave They admitted. was she when disorder bipolar with diagnosed was Annex, Women’s the at incarcerated also was who sister, Dominique’s hospital. the to admitted was she later, days Five days. for cried girl The gums. her through bleeding was and gingivitis had inmate Another tumor. a be to out turned lump The court. to went she until it get not did but attention, medical for asked repeatedly She neck. her on growing lump a had Annex Women’s the at friend A worse. much witnessed she However, her. to get to nurse a for days two took It duty. on came officer new a and changed shift the Then could. she when her to get would she that and busy was nurse the her told guard the but nurse, a see to guard a asked and knee her hurt She others. many witnessed and help medical delayed of instances two experienced She care. medical to access better have should incarcerated the that recommends also Dominique other youth,beinginanadultfacility, theyweretreatedasadults. the girlswillnotgetrecreation.Dominiquenotedthatwhileit was goodtobeheldwith lock downtherestoffacilitywhengirlshaverecreationmakesitmorelikelythat and havetobeseparatedbysightsound,itcomplicatestheprocedure.Having youth toadultfacilities.AsDominiquenoted,whenareincarceratedinfacilities Dominique’s storyhighlightstheproblemthatsightandsoundlawscreatewhensending her jobwithacaringattitude. she wasourmom.” The teacher leftastrongimpactonDominique becausesheperformed person shebelievescaredwasherteacher. She“gavethegirlshopeandtreateduslike thatthisreallymakesadifference.The one girls andcareaboutthem.Dominiquesays system orinthejuvenilesystem,officersneedtoberesponsiveneedsof emphasizes thatespeciallywhendealingwithincarceratedyouth,whetherintheadult of the“officersdonotdeservetobeinthere.They didnothelpyou.” Dominique’sstory officers allowedthegirlsrecreation,butsomedidnot.Dominiquealsos Dominique notedthatrecreationandtheday’sactivities“dependedonofficer.” Some forcing anothergirltohavesexwithher. When itwasreported,nothingdone.Also, ofwitnessingagirlinthefacility about thesituation.Dominiquegaveexample help, anofficermightturnhisorherheadtolookattheinmate,butthennotdoanything inappropriately withtheinmates.Shenotesthatevenwhenaninmatewasaskingfor she mentioned,manyofficersdidnotcareaboutthegirlsandsomeeveninteracted Dominique believesthatthesystemcouldbeimprovedmarkedlybyimprovingst her probationofficerorthesystem. Dominiquegotthisjobonherown,withnohelpfrom currently ahostessatrestaurant. Community CollegeandplanstogoauniversitystudyForensic Psychology. Sheis Dominique hasnowfinishedhersentenceandprobationterm.SheattendsMiamiDade could notleavethefacilitytoattendhercourtdate. to theircourtappearances.Dominique’sreleasedatehadbepushedbac it.Asaresult,everyonewaslocked downfor21daysandnoonecouldgo contaminated Towards theendofDominique’ssentence,agirlwithchicken pox enteredthefacilityand want tolock downtherestof the facility. locked down.Oftentimesthey didnotgettheirrecreationbecausetheguards whenthegirlshadrecreation,restoffacilitytobe activities. For example, together, andtookclassestogether. However, thisfederalregulationoftenlimitedtheir from adults.Therefore, thefour youthintheWomen’s unit,ate Annexlivedinthesame thatyouthinadultfacilitiesaretobeseparatedbysoundandsight Federal lawstates being locked intheircell. about fourtimesaweek.The rest oftheirnightconsisteddinner, watching TV, and whether theydiddependedontheofficer. Dominiqueestimatedthattheyhadrecreation aid thatsome k becauseshe aff. As armed robbery andtransferred armed robbery was 16, shewascharged with In 2004,whenDominique and oneyearofprobation. injail months sentenced totwo only charge. Dominiquewas charge washerfirstand file.Thissystem viadirect to theadultcriminaljustice

PG. 57

35 anctions. Judge Martha C. 30 36

29

As Florida added even more laws to make to laws more even added Florida As 34 Geller noted that “children are not simply 32 This is a distinction that has not changed much much changed is a distinction that has not This 28

33 In a March 31, 2004, press release, Senator Geller reminds 31 transferred youth are ineligible to be sentenced back and a number of judges are unaware transferred youth are ineligible to be sentenced back of sentencing options. In addition, few defenders’ offices have disposition specialists (social workers) to help attorneys develop sentencing options. means adults for punishments rigid Florida’s prison. in life face can adults as tried people young that of sentencing advocacy is tempered by the fact that these options are success The unavailable to many prison-bound young people. In many cases, the rigid punishment structure found in adult courts does not allow judges to consider a number of factors when sentencing, including prior record, special circumstances (i.e., family situation), once a young person is In some cases, age, and maturity. willingness to change, sentenced as an adult, sentencing requirements leave criminal court judges with few Love” legislation trumped by then- example,options. For the enactment of the “Tough Juvenile sentencing advocacy: How has the system the has How advocacy: sentencing Juvenile adults? as people young of thousands try to ability Florida’s accommodated Miami- The Many note that youth receive insufficient treatment in adult courts and prisons. not of transferred youth are that 97% Dade County Public Defender’s office believes intervention. juvenile appropriate to sentenced public defenders and local providers have it easier to transfer youth to the adult system, appropriate ways of serving young people’s been working at providing the courts with needs without adult sanctions. Miami-Dade County Public Defender’s Office Juvenile The Sentencing Advocacy Project (JSAP) provides young people with aggressive sentencing encouraging courts to provide juvenile dispositions to young people who are advocacy, sanctionsjuvenile receiving people young shown, As under system. adult the in tried being the program have lower recidivism rates than young people receiving adult s Many Despite the evidence of the program’s effectiveness, the program is under-utilized. should be given special consideration, some Florida judges assert that youth have no right to special treatment. Commenting on Lionel case, Tate’s Judge Barry J. Stone stated, “Florida courts have long recognized that there is no absolute right requiring children to be treated in a special system for juvenile offenders.” Warner said “there’s no discretion exercised at all in this—no societal judgment...Age is not a consideration.” us that “These are kids. They’re not old enough to vote, they’re not old enough to drive, and they’re not old enough to drink or do all these other things. doWhy we assume that they’re able to make adult decisions?” short adults. They are different from adults and should be treated accordingly. We must impose punishments that fit the crime, but at the same time, we must also provide opportunities for rehabilitation.” WHAT ARE THEWHAT POLICY OPTIONS IN FLORIDA? in young people could be tried as adults, in which expanded the ways Policymakers that it would lead to lower crime. Basedpart because of the belief on 2004 rates, arrest juvenile crime rate of 468Florida had a violent per 100,000, making it the state with the violent crime rate. fourth highest juvenile since the 1990s, reported that the state when the Justice Department had a juvenile violent crime rate 48% the national average. higher than Even though the juvenile justice system was created based on the notion that youth medication to treat the disorder, but when she was released, she went to another doctor who told her she did not have bipolar disorder. Now her sister has developed a dependence on the medication and still takes it. not sentenced to appropriate juvenile intervention. Defender’s Office believes that Defender’s Office believes that of transferred youth are 97% The Miami-Dade County The Public with the fourth juvenile highest violent crime rate. juvenile crime rate of 468juvenile crime rate per it the state making 100,000, [In 2004,] Florida had a violent

PG. 58 groundbreaking research onjuvenilere-offending.The high-profilecasesofTate and adults, ithasledthenationindocumenting theimpactoftryingyouthasadultsthrough Just asFloridahasledthenation intheuseofprosecutorialmec RECOMMENDATIONS FLORIDA Judiciary. the on Committee House the in stalled bill the 2006, 26, April on Senate Florida the passing After counsel. with consulting before counsel to right their waiving from youth protect to and youth for representation legal ensure to sought that sentencing. and trial for court adult to transferred being fear who youth from pleas guilty extract to leverage additional prosecutors gives this court, adult in cases certain file to discretion the prosecutors grant laws Florida As hearings. adjudicatory than rather pleas guilty in result cases caseloads,” many “staggering carry defenders juvenile because that youth. Florida’s of representation effective the impede all caseloads” excessive and resources, “inadequate and counsel” of appointment “Untimely inadequate. often is youth to provided counsel legal the that notes report the addition, In cost. less and parents, their to inconvenience less time, less means it because resolve to easier case the makes counsel to right waiving that impression judges.” encouragement—from even nod—or a or wink a with occurs often This counsel. to right Constitutional Proceedings Delinquency in Center, Defender Juvenile National the by 2006 of fall the in released report a to According receive. people young counsel legal of quality the about arisen have questions courts, the before people young for stakes the raised have laws these Because representation for youth in Florida have been raised. Concerns over adequacy of legal policy togovernthewayweprosecutechildren whocommitbadacts.” totheir crime,wecannotcontinuetoallowa‘onesizefitsall’ punishment mostsuitable soft oncrime.” because they’reseenastootoughoncrime.You onlylose because you’reseenastoo the FloridaLegislaturehaseverbeendefeatedforre-electionorelectiontoahigherpost Senator Gellercommentedaboutissuesthatsentenceguidelinescreate:“Nomemberof life sentenceoraofgreaterthan10years.Following thebill’sdefeatin2004, who wereyoungerthan15yearsoldandconvictedofoffensesthatcarriedadeathor serve lifewithoutparole.However, thebillprovidedparoleeligibilityforfirst-timeoffenders and sentencedasadultsincarceratedinadultprisons.Italsostillallowedforyouthto sweeping, thebillwouldhavecontinuedtoallow16-and17-year-old youthtobetried Farfrombeingwide SenatorStevenGellerintroducedBill530. support, FloridaState In 2003,inhopesthatthemediaattentiongiventoLionelTate’s casewoulddraw Legislators press for reforms to Florida’s adultification statutes. a true,honestsociety.” sidetobepursued, thenwe’rereallynot Ifwedon’tallowtherehabilitation to rehabilitate. that,“The purposeofthepenalsystemistopunish,butIbelieveit’salso Campbell states youthwhoaretriedasadults.SenatorWalterto punishratherthanrehabilitate “Skip” long prisonsentences.Somepolicymakersarguethatsentencingrequirementsaremeant 10-20-life lawrequirestheautomatictransferofyouthwhocommitguncrimes,theyface an additionalviolentfelony;orcharged withmandatoryminimumsentences. ages 16and17 whohaveatleastthreepriorfelonyadjudicationsandcommitted Governor JebBushallowstheautomatictransfertoadultsystemofyoungpeople Florida: An Assessment of Access to Counsel and Quality of Representation Representation of Quality and Counsel to Access of Assessment An Florida: 43 In October 2005, Senator Stephen Wise proposed legislation (S. 526) 526) (S. legislation proposed Wise Stephen Senator 2005, October In 39 And Senator Geller says, “While thatcriminals receivethe AndSenatorGellersays, itisimportant 38 , young people “were observed routinely waiving their their waiving routinely observed “were people young , 41 The report found that young people are under the the under are people young that found report The

42 Furthermore, the report states states report the Furthermore, hanisms totryyouthas 40 37 44 Asthe Steven Geller bad acts.” State Florida Senator commit children who prosecute thewaywe policy togovern a‘onesizefitsall’ to allow continue their crime,wecannot suitableto punishment most the that criminalsreceive “While itisimportant

PG. 59

and the Culinary Education and

45

These programs have been shown to reduce re- programs These 46 the adult system if the judge felt it necessary. Expand eligibility and provide resources to allow to resources provide and eligibility Expand back.” “sentenced be to transferred been have who youth more In sharp contrast to high recidivism rates associated with trying youth as adults in Florida, the state has a number of promising programs that provide quality supervision, services, and rehabilitative options for young people in the juvenile justice system. The staterun by the Associated as those should invest in expanding interventions such Camp, Youth Forest Marine Institute, Apalachicola Program for At-Risk Youth. Training offending among young people. court. adult to transfer statutory Eliminate If this were eliminated, youth who pose a threat to public safety could still be placed in youth-specific. track to database centralized a Create circuit. by decision-making transfer prosecutorial It is important to be able to understand exercise their prosecutors the extent to which so that young people are not receiving discretion to transfer juveniles to adult court, vastly different outcomes from place to place. benefits social and public the Promote defenders. and judges to option back” “sentence the of JSAPThe adultification statutes, program evaluation has shown that, despite the Florida when young people are sentenced to juvenile dispositions, they are less likely to re- offend than young people sentenced to adult dispositions. juvenile treatment programs or adult court supervision. In addition, judges should be or adult court supervision. In addition, juvenile treatment programs sentences for juveniles transferred to given the ability to waive minimum mandatory adult court. who youth for protections Implement counsel. to right their waive to willingness a indicate It is imperative that youth understand the long-lasting consequences of juvenile adequately resourced juvenile attorneys adjudication or adult conviction. Well-trained, the complicated court process. have the expertise to guide youth throughout be to found are who people Young court. adult to transferred be not should incompetent to individuals found incompetent are not Under the adult system, the services available Prohibit prosecutorial transfers of youth to adult court. court. adult to youth of transfers prosecutorial Prohibit to transfer a youth sole discretion in the determination of whether Judges should have transfers to adult transfers represent the bulk of Florida’s to adult court. Prosecutorial the amount of cases power to judges would reduce court. Shifting decision-making access to age- and would ensure that more youth have transferred to adult court safety. reduces recidivism and increases public access This appropriate services. juvenile imposing consider to judges Require court. adult in convicted and tried youth for dispositions youth, particularly those in the and flexibility when sentencing Judges need discretion transferred youth to should have the discretion to sentence adult court. Judges also • • • • • • it treats young people before the courts. people before the it treats young • • Laster also have served as reminders of the effects these harsh laws can have on Florida’s on Florida’s can have harsh laws these of the effects reminders served as also have Laster in legislators, and policymakers juvenile justice leaders, result, a number of youth. As a on how the state recommendations made the following Florida have the way could change court supervision. transferred youth to juvenile treatment programs or adult adult court. Judges also should have the discretion to sentence flexibility when sentencing youth, particularly those in the Judges need discretion and

PG. 60 22. 21. 20. 19. 18. 17. 16. 15. 14. 13. 12. 11. 10. 9. 8. 7. 6. 5. 4. 3. 2. 1. NOTES See FloridaDepartmentofJuvenileJustice,4. rape, robbery, murder, andaggravatedassault. crimes listedinPart1ofthe annual05.pdf. Indexcrimesaredefinedasoneoftheeight http://www.fdle.state.fl.us/FSAC/UCR/2005/CIFAge_ uniform crimereports. by ageandsex:FloridaJanuary-December2005. Florida DepartmentofLawEnforcement.(2005).Arresttotals §985.557(2)(a). Fla. Stat. andResearch. Justice, OfficeofData requestfilledbyTedData Tollett, FloridaDepartmentofJuvenile §985.556. Fla. Stat. aspx?PublicationID=564 from http://www.sentencingproject.org/PublicationDetails. to adultcriminalcourt. 8). Florida DepartmentofJuvenileJustice.(2002,January Prevention. p.113. Justice Programs,OfficeofJuvenileandDelinquency report. M. (2006). and theDistrictofColumbia.SeeSnyder, H.N.,&Sickmund, Vermont, Oklahoma,Virginia, Montana, Arizona,Massachusetts, NewHampshire, Georgia, Louisiana,Michigan, Nebraska, Colorado, andjurisdictionsareArkansas, The other14states Urban Institute. offenders. Policy optionsforyoung Butts, J.A.,&Harrell,A.V. (1998). Martinez attheMiami-DadeCountyPublicDefender’sOffice. Information onFloridatransferlawswascompiledbyCarlos Management report March 24). Department ofJuvenileJustice.(1996, See FloridaDepartmentofLawEnforcement,9. Evaluation.pdf fromhttp://www.pdmiami.com/JSAP_2001_Impact_2006, juvenile sentencingadvocacyproject. for Evaluationreport sentencedinadultcourts: among youth Mason, C.A.,&Chang,S.(2001,October15). See FloridaDepartmentofJuvenileJustice,4. Ibid, p.1. 0506_Profile.html http://www.djj.state.fl.us/Research/Delinquency_Profile/ and Planning.(2007). Florida DepartmentofJuvenileJustice’sOfficeResearch Ibid. Ibid. andResearch. Justice, OfficeofData requestfilledbyTedData Tollett FloridaDepartmentofJuvenile Department ofJuvenileJustice. referred, youths See statistic. butiscountedtwiceinthedelinquencyreferrals youth statistic, counted onceforthemostseriousoffenseindividual Therefore, ayouthreferredtwiceormoreduringyearis brought againstayouththroughouttheyearasonereferral. one case.The individualyouthcategorycountsanycharges dateas Delinquency referralscountanycharges onthesame Trends.html fromhttp://www.djj.state.fl.us/Research/ October 3,2006, Fast facts. February 5). Florida DepartmentofJuvenileJustice.(2006, 0506_Profile.html http://www.djj.state.fl.us/Research/Delinquency_Profile/ and Planning.(2007). Florida DepartmentofJuvenileJustice’sOfficeResearch forfelonynon-marijuanadrugs,53marijuanafelonies). (389 felonydrugtransfercases misdemeanor” drugcases)and442 three possessionofdrugparaphernalia,andtwofor“other Includes 33misdemeanordrugtransfers(28marijuana, misdemeanor andfelonynon-violentcrimes. The non-violentoffensecategorycombinesboth assault. negligent manslaughter, forciblerape,robbery, andaggravated designatesviolentindexoffensesasmurder/non- The FBI A DJJ successstory:Trends intransferofjuveniles Washington, U.S.DepartmentofJustice,Office DC: Juvenile offenders and victims: 2006 national Juvenile offendersandvictims:2006 Key juvenilecrimetrendsandconditions. 2004-05 profileofdelinquencycasesand 2004-05 OfficeofResearch andPlanning,Florida (No42).Tallahassee, Author. FL: Retrieved October 26, 2006, from RetrievedOctober26,2006, p. 5. Retrieved October 5, 2006, p.5.RetrievedOctober5,2006, 2005-2006 delinquencyprofiles. 2005-2006 delinquencyprofiles. 2005-2006 Uniform crimereports Delinquents orcriminals: Delinquents Washington, The DC: RetrievedOctober12, Re-arrest rates Florida’s such as Retrieved

23. 46. 46. 45. 44. 43. 42. 41. 40. 39. 38. 37. 36. 35. 34. 33. 32. 31. 30. 29. 28. 27. 26. 25. 24. http://www.flgov.com/release/644 crime proposestoughloveGovernor approach Bush tojuvenile Executive OfficeofGovernorJebBush.(2000,January14). Judging Lionel. Charles, N.,Morrissey, S.,&Trischitta, L.(2001,February 12). Ibid. Ibid. Defender Center, p.2. delinquency proceedings. of accesstocounselandqualityrepresentationin Crawford, C.,&Puritz,P. Fall). (2006, juvenile_sentencing_advocacy_program.htm examination. Anepidemiological sentencedinadultcourt: among youth Mason, C.A.,&Chang,S.(2001). html&Directory=Legislators/senate/ 031/press View_Page.pl? Tab=legislators&Submenu=1&File=033104. fromhttp://www.flsenate.gov/cgi-bin/October 5,2006, system despitelegislativesetback (PressRelease).Retrieved Senator Gellerremainsdedicatedtoreformingjuvenilejustice SenatorGeller. MarchOffice ofFloridaState 31). (2004, Ibid. Ibid. Juvenile JusticeandDelinquencyPrevention. and victims:Updateonviolence. Snyder, H.N.,&Sickmund, M.(1998). qa05103.asp?qaDate=2004 ncjrs.gov/ojstatbb/crime/ September 8). Office ofJuvenileJusticeandDelinquencyPrevention.(2006, Ibid. library/Index/ENGAMR510272003?open&of=ENG-USA International onlinelibraryarchive http://news.amnesty.org/ America (Florida):Legal concern,LionelTate. Amnesty International.(2003,February 18). Ibid. com/features/1999/9906.twohey.littleton.html The Washington Monthly Twohey, June).The wronganswertoLittleton. M.(1999, 2006, fromhttp://www.afycamp.com/2006, Apalachicola Forest Youth Camp.RetrievedSeptember18, y=Legislators/senate/031/press/&p=2 pl?Tab=legislators& Submenu=1&File=010704.html&Director fromhttp://www.flsenate.gov/cgi-bin/View_Page.5, 2006, fits all’sentencinglaw(PressRelease).RetrievedOctober Senator Geller:Justiceandhumanityeludedby‘onesize SenatorGeller. January7). Office ofFloridaState (2004, Ibid. 0208gough,0,6471392.story fromhttp://www.sun-sentinel.com/sfl-October 5,2006, flexible juvenilejusticesystem. FebruarySchwartz, 8).Childadvocatescallfor N.(2004, County PublicDefender’sOffice. Information providedbyCarlosMartinezattheMiami-Dade advocacy_program.htm fromhttp://www.pdmiami.com/2006, juvenile_sentencing_ sentencing advocacyprogram. Miami-Dade CountyPublicDefender’sOffice. fromhttp://www.nbc6.net/print/2698674/detail.html5, 2006, (2003, December11). Court throwsoutteen’smurderconviction,lifesentence. Critics challenge Floridalawallowingchild lifesentences: gov/pdffiles1/ojjdp/fs200107.pdf youth. April). Office ofJuvenileJusticeandDelinquencyPrevention.(2001, U.S. DepartmentofJustice,OfficeJusticePrograms, 5200526%2D%3ESession%25202006 Senate&Year=2006&Title=%2D%3EBill%2520Info%3AS%2 b=session&BI_Mode=ViewBillInfo&BillNum=0526&Chamber= flsenate.gov/Session/index.cfm? Mode=Bills&SubMenu=1&Ta public defender. Florida Senate.Senate0526: (Press Release). Retrieved October 20, 2006, from (PressRelease).RetrievedOctober20,2006, Retrieved November 3, 2006, fromhttp://www.ncjrs. RetrievedNovember3,2006, Culinary educationandtrainingprogramforat-risk Available fromhttp://www.pdmiami.com/ OJJDP statisticalbriefingbook. People Weekly Retrieved October 6, 2006, fromhttp://www. RetrievedOctober6,2006, Associated Press. . http://www.washingtonmonthly. Washington, NationalJuvenile DC: Relating tojuveniledefendants/ , pp.87-88. RetrievedOctober13, Sun-Sentinel Washington, Officeof DC: Impacting re-arrestrates Florida:Anassessment Juvenile offenders RetrievedOctober United Statesof . Retrieved FromAmnesty Juvenile http://ojjdp.

PG. 61 PG. 62 end upintheadult courtsystemafteranindividualized hearingbyajuvenilecourt judge. his amenabilityfortreatment.But anyyouthage13oroldercommittinginfractioncan factorsincludingtheyouth’sageorparticipation intheoffenseand must considercertain discretionary transferhearing.In makingthetransferdecision,juvenilecourtjudge attorney mayaskthatthecasebetransferredtoadultcourtina For anycrime,astate’s youth age13oroldertothe adultcourtforanycrime. Judges havediscretiontotransferany branch are allowing for more individualized discretion in the adult transfer decision. will be detailed later in the chapter, since 2003, the Illinois Legislature and the executive are automatically transferred to the criminal court no matter their subsequent offense. assault charges. Youth who have been transferred and convicted in the criminal court once automatically charges youth 13 or older in the adult criminal court for murder and sexual vehicular hijacking. Most automatic transfers are for youth 15 and older, however Illinois also possession of guns on school grounds, aggravated battery with a firearm, and aggravated years of age or older. Since 1982, other offenses have been added including drug crimes, were murders, armed robberies with guns, and aggravated sexual assaults for youth 15 get the benefit of an individualized hearing. The initial cases that triggered automatic transfer tried in the adult court based solely on age and the charging offense. These youth do not In 1982, the Illinois Legislature passed legislation requiring certain youth to be automatically Youth 13andolderfaceautomatictransfertoadultcourt forcertainfelonies. Hampshire, SouthCarolina,Texas, andWisconsin. court jurisdiction,” Michigan, includingGeorgia,Louisiana,Massachusetts, Missouri,New “ageofjuvenile treated asanadultintheeyesoflaw. havethesame Nineotherstates In otherwords,every17-year-old arrestedforanyinfraction,beitviolentornonviolent,is Seventeen-year-olds areautomaticallyunderthejurisdictionofadultcriminalcourt. The upperageofjuvenilecourtjurisdictioninIllinoisis16. way is much smaller. The following include the key features of Illinois’ adultification laws. transfer the youth to the adult criminal courts, but the number of youth charged as adults this based on age and charging offense. Some do enter the system after a judge has decided to hearing by a judge. Instead, they are automatically transferred to the adult criminal system In Illinois, most youth enter the criminal justice system without the benefit of an individualized ILLINOIS? LAWWHAT IN THE IS

2 3 As 1

adult in the eyes of the law. adult intheeyesoflaw. istreatedasan nonviolent, or beitviolent any infraction, 17-year-oldEvery arrestedfor ILLINOIS

PG. 63

, 7. . There is . There he EJJ Seventy-one percent 4 7. Once a 17-year- 7. ate. Youth age 17 can age 17 ate. Youth he adult sentence will he adult sentence will

of all arrests of young people of all ages are for non-violent crimes, and in Cook County with felonies, including non-violent are charged charged fewer than 12% of 17-year-olds and then can be transferred to any one of the 20 facilities in the st be assigned to the maximum-security facilities as well as to the Supermax facility one facility designated for women. WHO IS AFFECTED THE IN BY LAWS ILLINOIS? total The enter the adult system in Illinois annually. An estimated 16,000 17-year-olds petitions filed for all ages of youth in Cook County in 2003 was 9,168, and in the entire state it was 21,151. Although accurate data are not available on the actual number of age youth 16,000 approximately that estimate authors the year, each arrested 17-year-olds year. Illinois each as adults in are arrested and could be charged 17 old is sentenced to prison, the youth will enter the adult corrections system, the Illinois old is sentenced to prison, the youth will court, is tried and convicted in adult age 17 Department of Corrections. If a youth under of Juvenile Justice until the youth turns the youth will be sentenced to the Department time, the Department of Juvenile Justice has the option to ask the adult court At that 17. of Corrections. At age 18, the Illinois judge to transfer the youth to the Illinois Department to transfer the youth, and at age 21 Department of Juvenile Justice has the discretion with an offense, but convicted and If a 15-year-old is charged the transfer is mandatory. the youth is automatically in the adult corrections system. sentenced after turning 17, youth sight and sound separation between adults and 17-year-old is no There is 1 in Illinois prisons, because the age of juvenile court jurisdiction in Illinois individuals under the age of 18 who are committed to the custody of the Illinois those For Department of Corrections, all males go to the reception and classification center at Joliet juvenile sentence or committing any subsequent crimes. If the youth does not successfully committing any subsequent crimes. If the juvenile sentence or must then serve the adult sentence. T complete the juvenile sentence, the youth statute for youth to serve adult time without being transferred to the adult court. allows in Illinois’ adult court people convicted Young and corrections system. end up in the adult pre-trial detention the adult jail system unless they pay in adult court await trial in charged All 17-year-olds alternatives limited These incarceration. to alternatives limited the of get one or bonds their are only available in certain as an adult but who counties. Any youth automatically charged the Then will remain in the juvenile detention system until he or she turns 17. is not yet 17 In counties under 3,000,000, there is an option youth will be transferred to the county jail. detainedfor youth of any age tried as adults to be pre-trial in the county jails, provided adults until they turn 1 they are separated by sight and sound from transfer the case to adult court. Youth age 15 or older can be presumptively waived to the can be presumptively age 15 or older Youth case to adult court. transfer the prosecutor for certainadult court The of a firearm). discharge offenses (e.g., aggravated presumed to be and the youth is to the adult court, have the youth transferred can ask to court. proves that he should remain in juvenile transferred unless he sentencing state. Illinois is a blended in juvenile with any felony people 13 and older who are charged In the case of young jurisdiction juvenile” (EJJ) may file a petition for an “extended court, the prosecutor if, youth will have a hearing to determine files the EJJ petition, the hearing. If a prosecutor sentence and an adult he or she will be given both a juvenile in the event of conviction, convicted, the the youth loses the EJJ hearing, and is subsequently criminal sentence. If T a juvenile and an adult criminal sentence. court will impose both be stayed conditions of the as the juvenile refrains from violating the or suspended as long Youth also may end up in the adult criminal court from a mandatory transfer or a transfer mandatory from a criminal court the adult end up in also may Youth can ask to have provision, prosecutors mandatory transfer Under the transfer. presumptive certain must juvenile court judge of probable cause, the Upon a finding cases transferred. incarceration. pay their bonds or get one of the limited alternatives to adult court await trial in the adult jail system unless they All 17-year-olds charged in charged All 17-year-olds

PG. 64 counties inIllinois reported41.In2003,allcounties outsideofCookreported 10 whiletheother system. CookCountyreported 52discretionarytransfersin1998, occur inIllinois,buttheyaccount foramuch smallernumber ofyouthintheadultcourt Judicial waiversintheformofdiscretionary, presumptive,ormandatorytransfersalso further, only14ofthesecases wereactualautomatictransfers. Illinois CourtsfromallothercountiesthanCook.When each casewasanalyzed fact, in2001,fewerthan25transferswerereportedtotheAdministrative Offi a discretionaryhearing. fewerthan100youtharetransferredeach yearviaajuvenilecourtjudgeand the state, cases ofnon-violentoffensesbeingautomaticallycharged inadultcourt.Throughout the majorityoftheseyoutharetriedinadultcourtforviolentoffenses, buttherearesome to adultcourteach Currently, year, peryearaslate2004. downfromwellover400 automatic transfer. youthunderage17 Approximately 150 areautomaticallytransferred reducedthenumberofyouthenteringadultsystemvia laws. This hassubstantially onthisresearch, severalroundsofchangesBased weremadetotheautomatictransfer juvenile court before being automatically transferred to the adult court. for non-violent drug crimes, and two-thirds or more of the youth had had no prior services in findings. Virtually all youth automatically tried were youth of color. Sixty-six percent were tried Research over the next several years by the Juvenile Justice Initiative confirmed these serious violent crimes, almost two-thirds had no prior services before the automatic transfer. transferred to adult court. Whether they were youth charged with non-violent drug crimes or prior services in juvenile court, such as supervision or probation, before being automatically the city of Chicago. The research showed that more than 60% of the youth had had no non-violent drug crimes; all but one youth was a youth of color, and all but one was from County Public Defender. The data showed that 66% of all automatic transfers were for the automatic transfers to adult court became available through the Law Office of the Cook information on 17-year-olds who automatically end up in court. Starting in 1999, data on Data on transfers to adult court are more accurate and more readily available than in Illinois, but due to reforms, the number of youth transferred is declining. Hundreds of young people are transferred to adult court adult systemarearrestedandcharged withnon-violentcrimes. felonies such asdrugcrimes. 43% 43% 88 % % A non-violent of non-violent frican-American supervision ar supervision Eighty-eight per Eighty-eight in Cook County and who ar who and County Cook in Afric 6 fe OutsideofCookCounty, veryfewautomatictransfersoccur. In population in Cook County Cook in population nses an-Americ 44 5 per The authorsestimatethatthe majorityof17-year-olds inthe e c e cent of the youth the of cent cent of the 1 the of cent har an youth youth an ged with non-violent offenses non-violent with ged e under adult justice adult under e re 7-year-olds c 7-year-olds pr esent

12% 12% 83% 83% 1 41% 6% 6% har violent of violent

W Af Other ge hite rican-American d fe ce ofthe nses Afric in adult jails in Cook County Cook in jails adult in a 83 per 83 n-Americ 28, 2006. 28, toMarch charges, 2005 March County 29, of Cook ExhibitsA,B,andCoftheCircuitClerk April 2006. memorandum, review ofJudicialAdvisory Council AnalysisofJuvenileJusticeInitiative Illinois Source: were from the city ofChicago. were fromthecity andallbutone ofcolor, youth were crimes; allbutoneyouth drug were fornon-violent ofallautomatictransfers 66% that In 1999,thedatashowed cent of the youth the of cent an youth youth an re pr esent 3% 3% 1 4% 4% Wh Other it e

PG. 65 e it Other Wh 4% 3% 1 Although racial racial Although 8

esent pr re

an youth However, it is unclear if these data if these it is unclear are However, 7 cent of the youth n-Americ 83 per a in adult jails in Cook County Afric Youth defined as Latino represent 14% of the young young the of 14% represent Latino as defined Youth 10 nses fe d rican-American hite ge Other Af W

violent of har 6% 41% 1 83% 12% in Cook County, but 3% of the youth jailed in Cook County on a given day are are day given a on County Cook in jailed youth the of 3% but County, Cook in 9 esent pr 7-year-olds c re e under adult justice weapon, nor was he an active participant in the robbery. According to Pearl, he was in the the in was he Pearl, to According robbery. the in participant active an he was nor weapon, YOUNG PEOPLE AND FAMILIES AFFECTED ILLINOIS’ BY LAWS Pearl Keith lands clothes gym of robbery” “Armed record. his on conviction adult an puts and jail in years old when he was arrested for two counts of armed robbery and was 17 Pearl Keith involved three young people who incident The one count of attempted armed robbery. with takingwere charged tee-shirts, two silver-colored two pairs of gym shoes, two white six pairs of socks. and chains, a of use or possession had never he accountability; of theory a under charged was Pearl population they but County, Cook in population youth the of 44% represent African-Americans white. jailed. youth the of 83% constitute non-white. are jail the in youth the of 97% that means This County. Cook in jailed people population, youth the of third a about are color of youth Illinois, In system. adult the in people young 10 of out nine represented have but reforms to the state’sAlthough prior to the transfer laws data show were not available to impact statewide,the disproportionate Over a three-year there are data on Cook County. 99%period (2000-2002), court in Cook youth automatically transferred to adult of the or Latino. County were African-American approximately 2004 in data, Census of analysis Department’s Justice the to According Latino. were 16% and African-American were 17 aged youth Illinois of 19% available, not is statewide system court adult the in 17-year-olds on information ethnic and representation disproportionate reveals Jail County Cook the in 17-year-olds of picture a youth the of 48% represent “Caucasian”) as (defined youth White color. of youth of discretionary transfers and 25 automatic transfers. 25 automatic and transfers discretionary it is and easily misunderstood, are so complicated the laws on transfer accurate. Since transfer. how to classify each the transfers know cials reporting unclear if offi ged with non-violent offenses an youth har cent of the 1 cent of the youth e c for July 3, 2006. per 44 an-Americ nses population in Cook County fe Afric in Cook County and who ar Eighty-eight per supervision ar frican-American non-violent of A % 88 43% the U.S. Census and the Cook County Jail conducted Source: Juvenile Justice Initiative analysis of data from

PG. 66 Public hearings were held over the summer and fall of 2004 and discussionsabout Public hearingswereheldover thesummerandfallof2004 AnnazetteCollins. force wasco-chaired bySenatorJohnCullertonandRepresentative for deeperreforms,theLegislature createdaTask Force onTransfer This task in2004. significantly affectthenumberofyouth endingupintheadultsystem.T But legislatorsandadvocatesclaimed the2003reversewaiverreformsdidnot “Electric Ed” aRepublican,pro-prosecutionlegislator,by SenatorEdPetka, whowasreferredtoas the adultcourtjudgestotransferthemback tojuvenilecourt.The billwassponsored tried intheadultcourt.Youth drugcrimes wereallowedtopetition charged withcertain transfer laws.The firstchange allowedareversewaiverfordrugoffendersautomatically 2003, theIllinoisLegislaturebeganaseriesofstepstocreate apositivec tochange withintheprosecutioncommunity.At first,therewassomeresistance Butby Legislature beganconsideringanumberofbillstochange theautomatictransferstatutes. automatically transferredtotheadultcourtwithoutahearingin frontofajudge,the city Chicagoandthatthesepoliciesresultedinmostlynon-violentdrugoffendersbeing With evidencethatthepolicieshadamuch greaterimpactonyouthofcolorfrominner- Beginning in2001,theIllinoisLegislaturebeganreviewingautomatictransferlaws. Reforming the automatic transfer laws. of JuvenileJustice.The Legislaturealsohaspassedabilltoraisetheageofmajority18. Legislation hasbeenenactedtoreformthetransferlawsandcreateanewDepartment Over thepastfewyears,tidehasshifteddramaticallyinIllinois’juvenilejusticepolicy ILLINOIS? IN OPTIONS POLICY WHAT THE ARE loans will be extremely compromised, as will his job opportunities upon graduation. rest of his life continues to unfold. As a result of this conviction, Pearl’s ability to get student office prevented him from modifying the sentence. The impact of the felony conviction on the man, but the sentencing options of the charges and the position of the state’s attorney’s The judge in this case was very impressed by the motivation and potential of this young up thecreditsandgraduatedontime. was injailonthischarge, hewenttonightschool inadditiontohisdayclasses.Hemade motivated, withgreatpotential.Inordertomakeuptheseveralweekshemissedwhile always knownPearl tobe“an honestandgoodyoungman.” himas Histeachers allsaw church thathehad officialswhointeractedwithhimonaregularbasis.Hispastorsaid Pearl’s lawyerssolicitedinputfromschoolAs partofthelegalrepresentation, and playing inorganizedsportsthecommunityandatyouthcenternearhishome. and youthchoir. Heisanavidbasketballplayerwhospendsmuch ofhissparetime college. Pearl wasajuniordeacon inhischurch andanactivememberoftheyouthgroup court dates.Hehasnowgraduatedfromhighschool andhaseveryintentionofattending has strongsupportfromhisimmediateandextendedfamilywhoattendedallsc Pearl istheoldestoftwochildren whowereraisedbytheirmaternalgrandmother. He result of the charge, he was detained at the Cook County Jail for severalPearl hadweeks. no previous arrests in either the juvenile or the adult thecriminal original justice charge, system. he wouldAs a have faced a mandatory minimum of sixfelony years conviction in the penitentiary. permanently on his record. Had Pearl gone to trialafter and the been robbery. convicted He for pled to one count of robbery, was placed weaponon probation, and none and of nowthe hasstolen a objects in his possession when he waswrong arrested place minutes at the wrong time. Pearl was the only “offender” apprehended, and he had no 11 forhispro-deathpenaltystance. o findconsensus hange inthe heduled . jurisdiction to18.jurisdiction raise theageofjuvenilecourt also haspassedabillto Juvenile Justice. The Legislature of to createanewDepartment and to reformthetransferlaws Legislation hasbeenenacted juvenilejusticepolicy. Illinois’ tide hasshifteddramaticallyin Over thepastfewyears,

PG. 67 8 16 atutes and extended atutes and 4-0574, allowing the allowing the 4-0574, 13 This particular bill was not called in the Senate that year. year. that Senate the in called not was bill particular This 12 Local legislators have raised the biggest concerns. The Cook County Board concerns. The Local legislators have raised the biggest 15 Legislators who have spoken out against the bill say they are only concerned about costs. The concern over the potential costs of raising the age of majority in Illinois does not fully concern The account for the savings that would come from the lower recidivism rates, lower crime leave rates, and the increased economic productivity of young people who successfully from other statesa life of crime behind them. Although there is research demonstrating the kind that young people tried as adult recidivate at higher rates, Illinois does not collect of data needed to make projections of the fiscal impact of these rates. Still, stakeholders know that raising the age will help reduce crime, and hence reduce the costs associated Chief Judge of the 2nd Judicial Circuit with higher crime rates. Judge George Timberlake, then it makes much in Illinois, has said that, “If you want to reduce crime in our society, in the classification of juvenile court.” more sense to include 17-year-olds S. 458 failed to pass in the House in 2006. Like the reform to the transfer statutes, Illinois policy debate around the age of jurisdiction may take more time to come to conclusion. Will “raising the age” have a large fiscal impact on Illinois counties? Illinois on impact fiscal large a have age” the “raising Will 2006, legislators, and advocates have been working to get a Throughout researchers, resources can clear sense of the true fiscal impact of raising the age, so that appropriate be allocated to local and state Some legislators government to help with the changes. it now should change We have said, now is inconsistency with the law. problem “The actually change won’t give new allocations before we We and deal with the dollars later. the law.” held a hearing in April 2005 regarding S. 45 of Commissioners’ Legislative Committee but had concerns where it was clear that the commissioners wanted to see the change about the fiscal impact. Because of these concerns, by November 2006 the County Board its position on the bill to neutral. had changed the House of Representatives with a sizable margin of victory and bi-partisan support. support. bi-partisan and victory of margin sizable a with Representatives of House the quoted was Illinois, downstate of out conservative a Black, Bill Representative Interestingly, think I bill. this oppose would anyone why understand don’t “I saying, as floor House the on measure.” common-sense a is it with Senate the passed It 458. S. Senate, the in introduced was bill age” Cook the and “raise a 2005, Corrections In of Department the from came opposition in main The particularly support. great, too be bi-partisan would reform this of impact fiscal the that claimed They developmentally having County. around consensus policy new the of that symbolic been has Indeed, concern County. major Cook only the policies, justice juvenile tailored were individually government local and appropriate, Legislators youth. all service to resources with enough bill, be the not will passed there still Senate the concerns, these Despite costs. about concerned mainly do.” to thing right the is it “because noting, Cullerton Senator The outcome of the bi-partisan Task Force was more change to the transfer statute, change was more Force bi-partisan outcome of the The Task It also clarified and corrected to juvenile court. return of drug offenders including a transfer st and presumptive in discretionary some inconsistencies jurisdiction juvenile statutes. have the reforms allowed more youth to Although not allow youth eligible for in front of a juvenile court judge, it did individualized hearings raising the age also did not address Force Task The review. transfer an individualized 9 to 18. In August 2005, Public Act of juvenile court jurisdiction By all accounts, this has lessened to the transfer statute,changes into law. was signed automatically transferred by almost two-thirds. the number of youth 18. to jurisdiction court juvenile of age the Raising legislation also was there happening, were statutes transfer the to changes the While passed bill a 2004, In 18. to jurisdiction court juvenile of age the raise to proposed possible changes were held in the spring of 2005. During these hearings, legislators legislators these hearings, During of 2005. in the spring were held changes possible and adolescent development. on the brain new research learned about 14 judge of the Juvenile Justice Division, Cook County. jurisdiction for 17-year-olds.” jurisdiction for 17-year-olds.” Judge Curtis Heaston, presiding have regarding juveniles, the juvenile court should be given arbitrary all number. With that we nowof the research “Using 17-years-old as the as the “Using 17-years-old cutoff in Illinois was an

PG. 68 5. 4. 3. 2. 1. NOTES • • • • juvenile courtservicesandavoidtheconsequencesofadultconvictions. With furtherreform,Illinoiscanreformthejuvenilecourtsomoreyouthwillbenefit from itcandomore. Although Illinoisisaleaderinreformingadultificationofyouthstatues, RECOMMENDATIONS ILLINOIS the springof2007. There areplanstoreintroduce anotherbilltoraisetheageofjuvenilecourtjurisdictionin the billfirstandthen,oncethereisanactualfiscalimpact,providefundingatthattime. they donotwantabilltopasswithoutappropriatefunding.Butlegislatorsprefer claimthattheywouldliketosee17-year-oldsMost stakeholders inthejuvenilecourt,but Advisory Council memorandum, April 2006. ExhibitsA,B,and Advisory Councilmemorandum, April2006. Analysis ofJuvenileJusticeInitiativeIllinoisreview ofJudicial Center forJuvenileJustice. to17. jurisdiction from16 court briefing paper:The impactofraisingtheupperagejuvenile M., Puzzanchera, C.,&Griffin,P. (2005,April 27). driving undertheinfluence—226%.SeeSnyder, H.,Sickmund, increasewouldbeinjuvenilearrestsfor largest percentage more accesstocarsandalcoholthanyounger juveniles,the cancel each because17-year-olds otherout.For example, have for someoffensesthanothers,andthedifferenceswould ages, thevolumeofjuvenilearrestswouldincreasemuch more there wouldbesomevariationinarrestpatternsbetween and 102%overthenumberofcasesfor16-year-olds.Although arrested atapproximately 112%ofthenumber16-year-olds, to theNationalCenterforJuvenileJustice,17-year-olds are According were arrestedintheother101countiesstate. arrested inCookCounty2003,and5,135youthage16 doshowthat10,183youthage16were is notavailable.Data The numberof17-year-olds charged inadultcourtstatewide 705 405/5-130. ILCS 2007, fromhttp://www.ncjj.org/stateprofiles/ justice profiles. National CenterforJuvenileJustice.(2006). automatically asadults. ‘equal protection’issues,girls17 yearsofageweretreated as adults,andin1973, afteralegalchallenge basedon boysage17 havebeentriedautomatically Since 1906, they haveopportunitiestoimprovetheirlives. servicestotheseyouthsothat imperative thatthejuvenilecourtproviderehabilitative changes totheautomatictransferlawsreturnmoreyouthjuvenilecourt,itis As thejuvenilecourtchanges withanewDepartmentofJuvenileJusticeandasthe Provide appropriate rehabilitative services in juvenile court. are age-appropriate. needs toreviewthelengthofsentencesforyouthinadultcourtmakesurethatthey Although theadultcourtisaboutpunishmentandconsequences,system Review sentences in adult court for youth. development. the decisionontransfer. This wouldideallybedonebyajudgefamiliarwithadolescent All youthwhoaretransferredtoadultcourtshouldhaveaneutralpartyorjudgemake Allow all youth individualized discretion in terms of transfer. safer, becauseyouthwithmore treatmenthavelowerrecidivismrates. If passed,17-year-olds willbenefitfromjuvenilecourtservicesandcommunitiesbe Raise the age for 17-year-olds. Pittsburgh,PA: Author. RetrievedJanuary28, Pittsburgh,PA: National State juvenile Background Background

16. 15. 14. 13. 12. 11. 10. 9. 8. 7. 6. Ibid. Criminal JusticeInformationAuthority. report. annual justice systemandriskfactordataforIllinois:2003 Lan, Y. A,Hughes,E,&Stevenson,P. (March 2006). 2005 toMarch 28,2006. C oftheCircuitClerkCookCountycharges, March 29, Ages 10to19inCookCounty2003. http://www.ojjdp.ncjrs.org/ojstatbb/ezapop/ to juvenilepopulations. Puzzanchera, C.,Finnegan,T., &Kang,W. (2006). See JuvenileJusticeInitiativeofIllinois,14. Northwestern UniversitySchool ofLaw, October 13,2006. Discussion onraisingtheageofjuvenilecourt jurisdiction, Author. Chicago, IL: brings Illinoisinlinewithmajorityofstates reflects currentscience, Bill458 differences withkids.Senate Dialogue highlightsimperativetorecognizedevelopmental October19). Juvenile JusticeInitiativeofIllinois.(2006, 2005. SenateFloorDebate,FinalAction,April14, Senate Bill458, 25, 2004. HouseFloorDebate,FinalAction,March House Bill4610, The ChicagoTribune. November2). Collar Countyendorsements[Editorial].(2006, and theCookCountyJailconductedforJuly3,2006. fromtheU.S.Census Juvenile JusticeInitiativeanalysisofdata

Chicago, IL: IllinoisJuvenileJustice Commission,Illinois Chicago,IL: RetrievedJanuary28,2007, from

(PressRelease). Easy access Juvenile

PG. 69 PG. 70 of transfer is as follows. Within 10 days after a petition alleging delinquency has been been has delinquency alleging petition a after days 10 Within follows. as is transfer of process The felonies. of accused 13 as young as people young court adult into transfer Carolina’s North to adultcourtforlower-levelfelonies(judicialwaiver). Young peopleage13to15maybetransferred sentencing. and trial for court adult to transferred be must charges felony A Class face who over and 13 ages youth hearing, cause probable a following that stated and 1994 in effect took law This parole. without life to sentenced be can over and 13 ages people young result, a As 13. to court) (adult Court Superior to transferred be could case youth’s a that age minimum the reduced that provision a included law The Act. Sentencing Structured 1993 In waiver toadultcourtforClassAfelonies(statutoryexclusion). Youth asyoung13mayfacemandatory system. justice juvenile the to back transferred be can they that so waiver reverse a for appeal to youth allow not does that state only the is Carolina North three, the Of 16. age at jurisdiction court juvenile end that country the in states three only the are York New and Connecticut, Carolina, North adults. as tried and treated automatically are non-violent, or violent is offense the whether of regardless offense, any for arrested olds adults. as tried be to 17-year-olds and 16- allows jurisdiction court juvenile of age the but 18, is majority of age the Carolina, North In The upperageofjuvenilecourtjurisdictioninNorthCarolinais15. the lawprovideslimitedaccesstoappealtransferdecision. case ofallegedfirst-degreemurder—totheadultcriminaljusticesystem.Oncetransferred, enacted thatallowcasesforyouthages13to15betransferred—automaticallyinthe of youthages16and17 totheadultcriminaljusticesystem.Sincethen,lawshavebeen lawhasgivenjurisdiction crimes canbetriedandsentencedasadults.Since1919,state In NorthCarolina,thereareanumberofwaysyoungpeopleunderage18whocommit CAROLINA? NORTH LAWWHAT IN THE IS 3 a Special Crime Session of the North Carolina General Assembly passed the the passed Assembly General Carolina North the of Session Crime Special a 4

discretionary judicial waiver waiver judicial discretionary statute allows juvenile court judges to to judges court juvenile allows statute

1 This means that all 16- and 17-year- and 16- all that means This

2

treated andtriedasadults. areautomatically or non-violent, whether theoffenseisviolent any offense,regardlessof and 17-year-olds arrestedfor Carolina,]all16-[In North NORTH CAROLINA

PG. 71 . 7 may be placed in “holdover 9 6

5 Youth alleged to have committed certain felonies Youth 8 youth be prosecuted as an adult. over the youth and the likelihood that the youth would benefit from treatment or over the youth and the likelihood that the rehabilitative efforts; willful manner; and ensure that they provide close supervision of youth in custody and that sight and sound ensure that they provide close supervision of youth in custody and that sight and sound After a youth is transferred to and convicted in superior court, he or she must be prosecuted prosecuted be must she or he court, superior in convicted and to transferred is youth a After offense. subsequent the minor how matter no thereafter, charge any for adult an as people who are being detained Young until trial may be housed in adult facilities. youth who are 14 and 15 years old are arrested, and if their case merits that they When detained in county they can be detained in a county jail. Youth remain in secure custody, and jails are closely supervised and separated from the adult population by both sight sound. hours, but only if the court, based on information provided by facilities” in jails for up to 72 determines that no acceptable alternative placement is available and the court counselor, that the protection of the public requires that the youth be housed in a holdover facility of Health and Human Services must inspect holdover facilities in jails to Department The • the protection of the public requires that the the seriousness of the offense and whether Connecticut North Carolina, unlike waiver provision. a reverse lacks and New York, being prosecuted in adult court cannot be In North Carolina, youth whose cases are A youth may appeal if he or she down to the juvenile court system. transferred back superior The court. superior to decision transfer the in discretion of abuse is there believes court judge can only review the transfer decision for an abuse of discretion; the judge cannot review the probable cause findings. an adult, always an adult” state. North Carolina is a “once • the youth’s intellectual functioning; • the youth’s prior record; • prior attempts to rehabilitate the youth; • during the time it would have jurisdiction facilities or programs available to the court • in an aggressive, violent, premeditated,whether the alleged offense was committed or hearing is held, where a juvenile district court judge determines whether probable cause exists that the youth may have committed any felony other than first-degree murder. Except for first-degree murder, the severity of the felony charges that these young people face plays no role in the decision to transfer. If probable cause is established, the district court judge determines whether the youth should remain in juvenile court or be transferred to superior court for trial as an adult. Motions to transfer may be made by the district court itself, prosecutors, or the young person’s counsel. A judge may consider up to eight factors when considering whether to transfer certain felonies to superior court: • the youth’s age; • the youth’s maturity; filed charging a youth with a felony, a hearing is held in juvenile court to consider a young person’s continued custody, inform the young person of the charges, appoint counsel, set a date for the next hearing, and contact the guardian. Then a second remain in secure custody, they they custody, secure in remain jail. county a in detained be can 15 years old are arrested, and and arrested, are old years 15 they that merits case their if When youth who are 14 and and 14 are who youth When

PG. 72 offenders undersomeformofsupervision. youthful showed that in fiscal year 2001/02 there were 13,038 Commission and the DOC fromtheNorthCarolinaSentencingandPolicy Advocacy analysisofdata An April2006 upper agerangeforyouthfulinmates from21to25.” admissions foryouthfuloffendersoverthelastseveralyears, D to thecriminalcourtsystemfortrialasadults.Dueadecline inthenumberofprison youthbetween13and15charged withfeloniesandtransferred of theagerangecontains defines“youthfulinmates”asbeingbetweentheagesof13and25.The lowerpart DOC 21st birthdays,andyouthtransferredfromthejuvenilecourts for trialasadults. however itnow“refersonlytooffenderswhocommitoffenses betweentheir16thand entire sentence. misdemeanants, andrequiredalloffenders(includingyouthful offenders)toservetheir This abolishedparole foreveryonebutfirst-time changeoffender” status. inthestatute “youthful theStructuredSentencingActrepealedprovisionsthatestablished in 1994, North CarolinaGeneralAssemblypassedtheStructuredSentencing Act.Implemented about risingcrimerates,andtomakesentencingmoremeaningfulequit in custody, parole,andfinaldischarge.” experienced criminals,andbyclosercoordinationoftheactivitiessentencing,training as practicable,theirassociationduringtermsofimprisonmentwitholderandmore the communityofyouthfuloffenderssentencedtoimprisonmentbypreventing,asfar andsuccessfulreturnto intended “toimprovethechances ofcorrection,rehabilitation, was This status sentences inadultfacilitiesweregiven“youthfuloffender”status. youthwhowereyoungerthan21yearsoldandserving Prior totheearly1990s, North Carolinanolongerhasa“youthfuloffenders”code. incarcerated inwomen’sprisonswiththegeneralpopulation. youth prisonsforfemaleyouthfuloffenders.Therefore, femaleyouthfuloffendersare smaller portionofNorthCarolina’syouthfuloffenderpopulations,therearenoseparate with theirolderinmatesinminimumcustodyfacilities. Youth Institution.Malesage19to25servingsentencesfor misdemeanorsarehoused misdemeanants whoareyoungerthan19processedandincarceratedatW felony convictionsarekeptseparatefrominmateswhoolderthan25.F hasanumberofpoliciesthatitappliestothisgroup.Maleyouthfuloffenderswith DOC governingtheincarceration ofyouthunderage25,theNorthCarolina legal statutes Polk CorrectionalInstitution,andWestern Youth Institution. Morrison CorrectionalInstitution,NorthCarolinaInstitutionforW facilities:Foothills CorrectionalInstitution, are generallyincarceratedinoneoffiveDOC younger than16areprohibitedfrombeingincarceratedinCentralPrison. entire sentencebutsomearetransferredatage20. sent totheNorthCarolinaCorrectionalInstitutionforWomen wheremanyservetheir youth underage18aregenerallysenttotheWestern Youth Institution;femaleyouthare housed. Althoughthefacilitiesvaryintermsofagerangesandcustodylevels,allmale has sixprimaryfacilitiesinwhich “youthfuloffenders,” youngpeopleage13to20,are must immediatelybetransferredtotheDepartmentofCorrection(D age, toserveanypartoftheirsentencesinjuvenilefacilities. North Carolinadoesnotallowjudgestosentencetransferredyouth,regardlessoftheir they mustservetheirsentencesinadultcorrectionalfacilities. Once youngpeoplearetriedandconvictedinadultcourt, also trytokeepolderyouthseparatedfromyoungeryouth. sound. facilities mustbecloselysupervisedandseparatedfromtheadultpopulationbysight transferred toadultcourtinjuvenileorfacilities. youngpeoplewhohavebeen court judgesmakethedecisionaboutwhethertodetain separation fromtheadultpopulationismaintained. 12 Effortsarealsomadetokeepviolentandnon-violentoffendersseparated;they 21 The term“youthfuloffender”continuestobeusedinNorthCarolina, 20 In 1993, inanefforttoaddress concerns In1993, 24 10 15 Onceayouthisindicted,superior 23 11 18 With fewexceptions,inmates Again, youth detained inadult Again,youthdetained Sincefemalesrepresentamuch 17 14 Althoughthereareno 19 Uponconviction,they

OC hasincreasedthe OC OC). The DOC The DOC OC). 13 16 elons and These youth able, the omen, ” 22 estern “The youth, regardlessoftheir youth, judges tosentencetransferred allow Carolina doesnot North sentences in juvenile facilities. sentences injuvenilefacilities. oftheir anypart age, toserve

PG. 73

28 And after they serve their sentences at at sentences their serve they after And 25 Although it is not clear how many of the 32 In 2001/02, 2,832 youthful offenders entered 31

under the age of 18 in adult prison facilities in under the age of 18 in adult prison facilities of these young people were 17, 20% were 16, of these young people were 17, 26 crimes. Among those under custody for violent crimes. Among those under custody for 27 The DOC The found that young people in prison had a 29 33

Of the three groups studied, youthful prisoners were the 34 30

prison and 10,206 were placed on probation. adult 10,000 young people under community supervision spent time in an adult jail or an these youth may face some of the collateral consequences of an adult conviction. facility, Recidivism and re-offending. DOCThe notes that youth under their supervision, whether in prison or not, represent for the courts, corrections, and society challenge a significant correctional issue: “The at large is to impose sanctions to deter recidivism with this age group while providing programs to rehabilitate and reintegrate them, truncating an otherwise lengthy and possibly escalating criminal career.” at higher re-arrest rate than young people on probation. Of the three groups they looked were (youthful prisoners, youthful probationers, and adult prisoners), youthful prisoners the most likely to be rearrested. (55%) of young people under the jurisdiction of the adult DOC(55%) of young people under the jurisdiction were there for offenses the FBI would classify as non-violent the custody of the DOCcrimes, 5% of the young people were under for homicide, 6% for among the 55% of youth who were However, rape, 15% for assault, and 19% for robbery. under DOC breaking and entering, custody for non-violent crimes, 19% were there for young people Twenty were there for larceny. 9% were there for drug offenses, and 14% and 10 were in were under the custody of the adult DOC offenses,” for “other public order custody for traffic offenses. Admissions, corrections: Adult releases, and community supervision (probation). 3,863 youth (3,109During the 2005 calendar year, males, 754 females) under the age of 18 were on probation/parole/post-release. WHO IS AFFECTED THE IN BY LAWS NORTH CAROLINA? Race and ethnicity: on youth of color. disproportionate impact of adultification The young people In 2005, there were 407 North Carolina. Seventy-eight percent among the young people under and 2% were 15. Non-white youth were overrepresented custody by the adult DOC. of the young people in the North Carolina DOC Nearly 70% American. were African-American, Latino, or Native Offense type: Half the young people crimes. in adult custody are there for non-violent North Carolina prisons in 2005, the majority Among the number of young people in the (DOC), differ from Youth Development Centers (YDC), which are operated by the North North the by operated are which (YDC), Centers Development Youth from differ (DOC), YDCs (NCDJJDP). Prevention Delinquency and Justice Juvenile of Department Carolina promote to way a As rehabilitation. of philosophy the embrace and treatment-focused are their maintain to able are facilities these to committed are who youth re-entry, successful re-enter. will they communities the to connections require not does law Carolina North contrast, In expunged. are records criminal their YDC, a services or programs specific provide to Correction of Department the by operated facilities in participation for priority have DOCdo the in inmates Youthful care. its under youth to in sentences their served have who youth but training, technical or vocational, educational, expunged. be cannot that records criminal with leave Facilities Prison Youth The youth prisons used to incarcerate youthful to incarcerate used youth prisons The than rehabilitation. retribution rather focus primarily on offenders Correction of Department Carolina North the by operated are which prisons,” “youth The

violent crimes. were there for offenses the FBI would classify as non- of young people under the jurisdiction of the adult DOC people in the North Carolina prisons in 2005, the majority Among the number of young were African-American, Latino, or Native American. people in the North Carolina Department of Correction Nearly 70% of the young Nearly 70%

PG. 74 Williams later, stated “Well, he didrobabank,orsomething.” Doherty’s offerstoallincoming recruitsunlessthey’drobbed“abankorsomething. been recruitedbyRoyWilliams’s predecessorandWilliams hadcommittedtohonoring new headcoach, RoyWilliams. Williams decidedtorescindthescholarship. Curryhad arrest andconvictionwasbroughttotheattentionofUniversity ofNorthCarolina’s adult criminalrecordthatisnotsealedandcannotbeexpunged. Subsequently places youthage16andoverunderthejurisdictionofadultcriminal courts,Curryhasan Curry’s adultfelonyconvictionputmuch ofhisfutureatrisk.BecauseNorthCarolinalaw Jordan scoredintheirhighschool careers. career, hescored3,307 points,exceedingthenumberofpointsJamesWorthy orMichael pointspergamein2003,including65onegame.Overhishighschool 40.3 was arrested,herankedamongthebesthighschool playersinthecountry, scoring Carolina coach, MattDoherty, committedanathleticscholarship tohim.The yearCurry into acollegeeducation.Infact,whenCurrywasjustsophomore,UniversityofNorth Curry wasapromisinghighschool basketballplayerandhehopedtoparlaythattalent May. in graduated and area the in school alternative an attended Curry school, high his to return to allowed not was he Because service. community of hours 200 perform to him ordered and months, 36 for probation on him placed sentence, his suspended Titus C. Kenneth Judge grounds. school on substance controlled a delivering and selling and possession and marijuana; of delivery and sale marijuana; deliver and sell to intent with possession of each counts two including counts, drug felony six to guilty pleaded Curry 2004, April In two drugdealswas$95. officer marijuanaintheschool Curry’sprofitonthese parkinglot.The districtattorneysaid JamesOnsellingthe purchased marijuanaonpreviousoccasions,theofficervideotaped police officerposingasafellowstudentpartofthestingoperation.After JamesOn Currywas17 yearsoldwhenarrestedforsellingmarijuanatoanundercover JamesOn Curry:Amistake narrowlyredeemed. these youngpeople. active sentences.Regardless,theconvictionscontinuetoseriouslyaffectlivesof probation. Althoughmostdidnotserveprisontime,some,includingJeffW youthpledguiltyandweresentencedtothreeyears’ justice system.Forty-five ofthe 60 adultcriminal felony charges andwereautomatically underthejurisdictionofstate’s “Juvenile CourtAct,” arrestedinthestingoperation,those16andoverfaced ofthe60 1919-enacted studentsunderage18.InaccordancewiththeState’s in thearrestsof60 undercover stingoperationintheAlamance-Burlingtonhighschool systemthatresulted headlinesinNorthCarolinaweredominatedbynewsofasix-school In thefallof2004, the issuesatplay. drug casethatcauseddozensofyoungpeopletoreceivefelonyconvictionsreveals a Although noonestorycancapturetheimpactofNorthCarolina’sadultificationstatutes, BY CAROLINA’S NORTH AFFECTED LAWS FAMILIES AND PEOPLE YOUNG goals. people toadultprisonisnotachieving publicsafety for offensebackground andother characteristics, theydosuggestthatsendingyoung most likelytoexperiencearecidivistincarceration. 38 36

35 Although these data didnotcontrol Althoughthesedata ebster, served , Curry’s ” 37

Curry’s adult felony conviction conviction adultfelony Curry’s expunged. be sealedandcannot is not that an adultcriminalrecord has Curry criminal courts, ofadult under thejurisdiction age16 youth places andover Carolinalaw North Because put much ofhisfutureatrisk.

PG. 75 44 ” , and that Webster, whom Webster, 42 40 41 and worked two jobs, asserted that he was entrapped because the 43 39 17-year-old boys think about when being pursued by a very attractive girl who usually 17-year-old he said. “She zeroed in on me. Now I realize that she wears very provocative clothes,” used me to get in with the popular crowd.” with three felony counts: possession with the intent was arrested and charged Webster to sell and deliver marijuana, selling marijuana, and delivering marijuana. three days per witnesses described as a model citizen who attended church character (3.7 grade point average and did well in school week, volunteered in the community, 12th in his class), undercover officer flirted with him and led him to believe that she would go out with him. After his arrest, Webster was shocked by the realization that he was to be treated and tried as an adult. In addition, he was surprised to learn that the charges he faced were Jeff Webster: Second chances do not come easily. Second chances Jeff Webster: to a female years old when he was arrested for selling marijuana was 17 Jeff Webster in 2003: bought marijuana for her on three occasions Webster undercover officer. he used which October 30, officer gave him money, November 4, and November 12. The not profit from the sales. He did the drugs from known dealers at school. to purchase he had a crush on the officer and testified that she flirted admitted to friends that Webster to attend the prom together with him, hinted to his friends that they planned said hallways they “often walked in school she even hugged him on occasion. Webster agreed to Webster According to newspaper accounts of his testimony, holding hands.” He testified, “I was trying to get sell her drugs within 10 minutes of their initial encounter. any drugs or received I had never purchased her good prices and impress her in a way... “I was attracted to her and was thinking about things that any drugs for anyone before.” Although an injury forced his withdrawal from the try-outs, the opportunity to play for USA Team drew criticism from those concerned about Curry’s criminal record. However, Sean Ford, the director for the men’s USA basketball program stated: “It seems like he’s made tremendous progress from the bad decision he made... As a committee, we didn’t feel—based on the progress he made, the season he had, the second chance he’s taking advantage of—that we were putting ourselves at tremendous risk by including him in these trials.” one. As Curry reflected after his first exhibition Curry’s story of redemption is an unfinished uniform, “I had never been in trouble game wearing a University of Oklahoma Cowboys’ I need to prove myself to them, I’ve got to before, but for the people out there that think set a perfect example that I am not that type of person... History tends to repeat itself, so I and try to walk as straight as I can.” as much try not to look back signing, Coach Eddie Sutton told Curry what Oklahoma State Sutton told Curry what Eddie signing, Coach of him and that expected for error was zero.” his “margin Oklahoma State’s did a lot of Before offering the scholarship, basketball coaches had a bad “Nobody Curry’s basketball abilities and his character. investigating into both around a lot of “I’ve been said Assistant James Dickey. Coach word to say about him,” JamesOn meant it. expressed remorse and not meant it. I believed kids, and some have Oklahoma State Harry Athletic Director “He sat to his eyes,” in my office and tears came who trusted ‘I embarrassed my family and all the people he told me: Birdwell said. “And I let you down.’ I will not amends. If you give me a second chance, in me. I want to make telling me the truth.” thought the kid was In summer 2005, Curry was one of 20 individuals selected to try out USA. for Team Curry understood Williams’s decision: “I had the scholarship as long as I didn’t screw as I didn’t as long scholarship “I had the decision: Williams’s understood Curry letter Curry signed a new after his arrest, three months Fortunately, up.” up. I screwed 2004. in Four the Final Before attend Oklahoma State,of intent to had reached which

PG. 76 in prison,Webster wasalsoabletocompletethecourseshe neededtograduatefrom because oftheirwillingnessto help himandbecausetheytreatedwithdignity relationships withacorrections officerandacounselor. Helearnedtorespectthem Although hisprisonexperience wasverydifficult,Webster developed positive from you...” see myfamily. You yourfamilyisuntilyouhavethemtaken don’trealizehowimportant your stuff...There wasalotofgangactivity... Itwasaverydifficulttimenottobeable were fightseveryday, andyoualwayshadtobecarefulabout keepingothersfromstealing “I willedmyselftogetthroughtheexperience...You inprison...There safe neverfeeltotally as breakingandenteringdrug-relatedcrimes. youthful offenders,mostofwhomwereservingsentencesfor non-violentoffenses,suc Youth Institution,wherehewasincarceratedinaminimum-securitysectionwithother followed bythreeyearsofprobation. all ninecharges. Instead,Webster wassentencedtoservefivesixmonthsinprison Judge Allendidnotseeanybenefittoimposingthemaximumsentenceofsixyearsfor It waslikeaslapintheface,” Webster says. “I wasshocked bytheconviction.Ididn’tthinkI’dbeconvicted.Myheadfelltotable. “Youtricked him,JudgeJ.B.Allensaid, andconvictedyourself.” gotonthewitnessstand sentencing, inreferencetoWebster’s answeraboutwhethertheundercoverofficerhad After anhourofdeliberation,thejuryfoundWebster guiltyonallninecounts. counsel. defense notifying first without trial the in evidence introduce to prosecution the allowed judge the that claims Webster last, before,”Webster. And wear says her seen ever I’d nothing was produced prosecution] [the “What wear. her seeing to accustomed been had Webster that tops halter cut low- tight-fitting, the than rather sweatshirts and jeans baggy produced prosecution the school, at wore officer undercover the that clothing of examples evidence into admit prosecution the that request defense’s the to response In jury. the to attractive less appear officer undercover the make to attempted prosecution the Third, occasion, did she?” asked Webster, “So she didn’t persuade you in any way or trick you in any way on that first court without preparation. judge stipulated that Webster be the first of the defense witnesses; he went before the Second, before the defense had an opportunity to prepare Webster for questioning, the felt likeIhadbeensetup.” recordedover”beforethejuryhadanopportunitytohearit.Webster“accidentally “I said, didn’t feelrightaboutbuyingherdrugsandthathewouldnolongerbuythemforher—was inwhich Webster conversation conversation—the informedtheundercoverofficerthathe withWebster.undercover officerhadrecordedallherconversations However, akey of thetrialthatappearedunfairandpreventedhimfromprovingentrapment.First, When askedabouthisexperienceasadefendant,Webster identifiedseveralaspects trial. his in defense his as entrapment claim to elected Webster and offer, the rejected attorney district The misdemeanors. to charges the reduce would attorney district the if sentence active an serve to offered Webster military, the joining from him prevent would conviction felony a that Concerned education. college his for pay to means a as military the join to planned her.” for marijuana obtain to decision my changed have would it felony, a was it that known I Had misdemeanor. a was done had I what thought “I felonies. 56 49 Webster responded, “Not in any verbal way. No sir, she did not.” 48 47 According to newspaper accounts, the prosecuting attorney 55 Webster servedafive-month sentence inWestern 54 51 45 Webster had had Webster 52 During . While 50 h 46 53

you...” –JeffWebster themtakenfrom have until you familyis your important how Youeveryday.... don’trealize in prison...There werefights “You neverfeeltotallysafe

PG. 77 ary. Unlike ary. illiam Dudley (H.B. 1298) 60 57 58

61 59 Procedure Act that would provide appropriate sanctions, services, and treatment for such In anticipation of the passage of the study bill and at Bordsen’s request, the offenders.” Advisory Commission establishedNorth Carolina Sentencing and Policy the Youthful Offender Subcommittee in 2005. Chaired by Judge Fred Morrison and W Chair), the Subcommittee met six times in 2005 and 2006. On December 1, 2006,(Vice the Subcommittee approved its final report, including five policy recommendations (most Act also requires the Recommendations section). The summarized in this chapter’s Commission to consult with the state’s Departments of Health and Human Services, to Juvenile Justice and Delinquency Prevention, and Public Instruction and submit a report 1, 2007. the General Assembly by March North Carolina debates “raising the age.” As previously noted, North Carolina is only one of three states where, regardless of the WHAT ARE THEWHAT POLICY OPTIONS IN NORTH CAROLINA? Sentencing Commission studies judicial to 21 years. processing of young people, age 16 in this chapter’s System drug sting discussed Almance-Burlington High School The profiles occurred in the district of Representative Alice Bordsen, a member of the North In 2005, Bordsen legislation introduced Carolina General Assembly. that was enacted on August 18, 2006. folded into an “omnibus” study bill (H.B. 1723) Advisory Commission to the North Carolina Sentencing and Policy Act authorizes The 16 “study issues related to the conviction and sentencing of youthful offenders aged to 21 years, to determine whether the State should amend the laws concerning these offenders, including, but not limited to, revisions of the Juvenile Code and/or the Criminal Curry, no recruiters have approached Webster with offers of a second chance. However, However, a second chance. with offers of Webster approached no recruiters have Curry, IT business someday and knows that higher education will wants to own his own Webster by taking second chance his goal. So he is making his own courses at help him to achieve he cannot quit his job to take classes full time. the local community college. Unfortunately, courses he needs to take explains that often the are at the community college Webster not offered at times when he can attend. has paid all his restitution for good behavior, was released from prison Webster that he is a good person who $2,100), and continues to work to prove (approximately because you made a mistake doesn’t notes, “Just made a youthful mistake. As Webster mean that you are a terrible person.” Webster was released in September 2004. was released a number felony conviction creates Now his Webster trial one of the after his for Webster, education. Luckily to employment and of barriers Technology find an Information to help Webster parents and offered his jurors approached with the juror immediately after his followed up released. Webster (IT) job after he was two juror was able to help him get hired. After release, but it took five months before the is not an option because enjoy his job, but he notes that quitting years, he continues to job would be extremely difficult. finding another well-paying for him to attend college. Before the felony conviction has also made it difficult Webster’s Carolina State to North had a partial academic scholarship and had conviction, Webster college expenses. to help pay for the remaining in the U.S. Air Force planned on enlisting was scholarship Webster’s JamesOn Curry’s athletic scholarship, As was the case with join the milit He is also no longer eligible to rescinded upon his conviction. Cummings High School, and he worked three different jobs, including Keeper of the Yard, of the Yard, Keeper including different jobs, three and he worked School, High Cummings day) you could obtain job ($1 per the highest-paying in the prison. for him to attend college. September 2004. His felony conviction has made it difficult Webster was released in Webster

PG. 78 sentences for serious juvenile offenders who are 14 years of age or older. Whether Whether older. or age of years 14 are who offenders juvenile serious for sentences adult to addition in dispositions juvenile impose to courts allows that tool sentencing a sentencing, blended lacks that court adult to youth transfers that states the of one only the is Carolina North sentencing? blended implement Carolina North Should incarcerations. to alternatives and services, supervision, community-based delivering to approach larger a of part as made be to need and parole, discharge.” custody, final in training sentencing, of activities the of and coordination closer criminals, by experienced more and older with imprisonment of terms their association during their practicable, as far as preventing, by offenders imprisonment to youthful of sentenced community the to return successful and of rehabilitation, chances the correction, improve “to intended that statutes by governed were facilities sentences adult in serving and old years 21 people young 1994, in Act the Sentencing of Structured enactment the to prior stated, As communities. their reenter individuals successfully these help that approaches therapeutic to respond to offenders likely are support who to efforts state’s the in components important are and adult- youth-specific, both programs, Community programs. reentry and diversion community including offenders, youthful for resources of lack the about concerned were Subcommittee Offender Youthful Commission’s Sentencing Carolina members North several the of 2006, in meetings their During efficacy? their improve to the need does state and people young for programs community more need Carolina North Does in termsofcost,impact,andtiming.” “However,Sweat says. theoptionsforraisingjuvenileagemustbecarefullyweighed families. “Research showsthatraisingtheminimumjuvenileageisrightthingtodo,” young people,16andunder, intosmaller, moretherapeuticfacilitiesthatareaccessibleto when theagencyisinmiddleofareformprocessthatincludesattemptingtomove believes itwouldbeachallenge tobringtheseyoungpeopleintothissystematatime effectively absorbaninfluxofyouthage17 and18intothejuvenilejusticesystem.He I thinktheywould.” Justice andDelinquencyPreventionanswered,“Idon’tthinkthere’sanyquestion;yes, oftheNorthCarolinaDepartmentJuvenile juvenile system,GeorgeSweat,Secretary When askedwhetheryouthfuloffenders(16and17) wouldhaveabetterchance inthe ofthenew law.”for implementation roadmap resources;andtoproduceadetailed changes required;todetermine necessary forcetoanalyzelegal,systemic, andorganizational ofthebillandcreateatask passage ofthechange injuvenilejurisdictionby[twoyears]after “delaytheimplementation state within thejurisdictionofadultcriminalcourts.” They alsorecommendedthatthe are undertheageof18.Traffic offensescommittedbypersons16andolderwillremain age ofjuvenilejurisdictiontopersonswho,atthetimetheycommitacrimeorinfraction, “[i]ncreasethe jurisdiction. The Subcommittee’s finalreportrecommendedthatthestate Subcommittee discussedhowtheyshouldcarefullyconsiderchanging theageof theNorthCarolinaSentencingCommission’sYouthfulmeetings in2006, Offender A decadelater, policymakersarereconsideringtheageofjurisdiction.Duringtheir jurisdiction at16. limitedjuvenilejusticeresources,andsoitrecommendedkeepingtheageof the State’s associated withincreasingtheageto18wouldbeprohibitiveandoverburden the ageofadultjurisdictionto18.Atthattime,committeedeterminedcosts theimplicationsassociatedwithincreasing Carolina’s juvenilejusticesystem.Itexamined on JuvenileCrimeandJusticetoconductathoroughcomprehensivereviewofNorth adults. InSeptember1997, GovernorJamesHuntcreatedtheGovernor’sCommission severity oftheoffense,youthage16and17 areautomaticallytriedandsentencedas 66 62 Changes to the age of jurisdiction and sentencing statutes would would statutes sentencing and jurisdiction of age the to Changes 64

Sweat,however, abilityto hasraisedconcernsaboutthestate’s 63 65 juvenile system. abetterchance inthe have offenders (16 and17) would responding towhetheryouthful and DelinquencyPrevention, ofJuvenileJustice Department Carolina oftheNorth Secretary would.” Sweat, —George yes,Ithinkthey question; “I don’tthinkthere’sany

PG. 79 kground he State Senate did

68 Students may not be denied admission

70 People who have felony convictions also are not allowed to join Others disagree, believing that criminal models of blended 71 Although the decision to admit students with criminal histories 67 72 69 after the youths’ convictions or after the completion of sentences (including post-release after the youths’ convictions or after the completion of sentences (including post-release supervision), and after serving 100 hours of community service. T not consider the bill. According to Judge Ronald Payne, a member of the North Carolina expunction is useful. Those Offender Subcommittee, Sentencing Commission’s Youthful the who favor expunction want to ensure that limits exist, including a waiting period for record to be expunged. If the case takes a long time to expunge, social, education, and to be employment opportunities for youth who have been convicted as adults will continue negatively impacted. criminal backgrounds. the military, an option young people often take to help pay for college. when attempting to go to college, bac In addition to the impediments youth face companies are reluctant make finding employment difficult. Furthermore, insurance checks convicted offenders. to provide insurance for employers who hire Rep. Alice Bordsen, concerned about the stigma that inevitably supplements a criminal conviction, has stated that early exposure to the criminal justice system builds a “complete sting, drug System School High Almance-Burlington the to response In youth. around box” the State House of Representatives passed a bill (H.B. 1084) in 2005 that would allow first-offender youth who have been convicted of non-violent crimes before they turned could be submitted two years 18 to petition the court to expunge their records. Petitions records may experience some barriers to postsecondary education. The University of North Carolina system includes six standard questions about applicants’ criminal histories. Students may be denied admission to North Carolina state universities if they have been convicted of any crime other than a traffic-related misdemeanor or an infraction; however, admitting to a criminal history does not result in an automatic denial of admission. is left to each of the 16 constituent campuses, UNC officials assert that students are more likely to be denied admission to the University of North Carolina for omitting pertinent information about their criminal backgrounds on their applications than for merely admitting their criminal backgrounds. to the state’s community colleges based on criminal background. However, community colleges often discourage students with criminal backgrounds from pursuing certain careers, such as nursing, that prohibit licenses and credentials to people who have are decided by bench trials rather than jury trials. This raises a question of whether the constitutional rights of youth who go on to serve the adult sanctions of their blended sentences would be violated; they are considered convicted as adults, yet were not allowed trials by jury. sentencing could be imposed in North Carolina, but the conviction in adult court would still leave the offender with an adult criminal record. and expunging Collateral consequences convicted as adults. the records of juveniles as adults face life-long youth who are tried and sentenced Once convicted as adults, to education and employment. barriers, including barriers Since North Carolina’s age of adult jurisdiction is 16, students who have criminal North Carolina could use blended sentencing is questionable. Some in the state believe that the state’s constitution, which guarantees the right to trial by jury, would prohibit implementation of blended sentences. Juvenile dispositions in North Carolina including barriers to education and employment. who are tried and sentenced as adults face life-long barriers, Once convicted as adults, youth

PG. 80 • • • opportunities foryoungpeopleandpromotepublicsafety. couldalsoconsiderotherpolicyoptionsto improverehabilitation system. The state development, aswelltheresearch ontheimpactofsendingyouthintoadult intoaccountnewresearch onadolescent Itwouldtake statutes. with otherstates’ consistent a significantsteptowardsmakingNorthCarolina’sadultificationstatutes The SentencingCommissionrecommendationstothelegislaturewouldrepresent • • • that wouldreformhowyoungpeoplearetreated. recommended thatlegislatorsconsideranumberofchanges toadultandjuvenilestatutes reporttotheLegislature, As partoftheir2006 RECOMMENDATIONS CAROLINA NORTH resources for, youth(13to21) whoarecurrentlyservingadultsentences. protecting publicsafety. They shoulddosobyensuringaccessto,andsufficient youthwhile sentencingoptionsthatareproventorehabilitate judges withsuitable shouldadequatelyinvestintreatmentanddiversionstrategiesthatprovide The state Develop community-basedalternativestoincarceration foryoungpeople. are reenteringthecommunity. period toensureaccessemploymentandeducationalopportunities foryouthwho their criminalrecords.These recordscouldbesealedforthedurationofwaiting violent crimesinadultcourtcommittedbeforetheyturned21 topetitionexpunge couldenactlegislationtoallowindividualswhohavebeenconvictedofnon- The state Support theabilityofyoungpeopletoexpungetheirrecords. people. young for be can implemented dispositions meaningful and fair that ensure to 21 to 18 could from youth extended be delinquent for purposes dispositional for jurisdiction juvenile of age the extended 18, to jurisdiction court juvenile of age the extending with Along Increase dispositional options for judges for young people. and eligibilityforexpunctionoftherecordsarrestprosecution. ofthecharge,that, ifsuccessful,wouldresultindischarge ofthedefendant,dismissal to deferjudgmentforoffendersunder21aperiodofspecial,supervisedprobation shouldmakeitpossibleforasentencingjudge,upon pleaorverdictofguilt, The state Adopt ayouthfuloffenderstatusforsentencinginadultcourt. to the exclusive jurisdiction of the District Court for entry of a juvenile disposition. Court by which the Court, in lieu of imposing a criminal sentence, may return the offender Adopt a post-conviction procedure for youth transferred to and convicted in Superior Develop a“transferback” mechanism. retroactive juveniledispositions,includingsealingorexpungingrecords. periodmaybeeligiblefor are convictedofcrimesduringthelongimplementation stepstoensurethat youth(16to18)who phase-incouldtake year implementation the newlaw. AlthoughtheSentencingCommissiondidnotrecommendit,two- of roadmapfor implementation resources,andtoproduceadetailed necessary bill toanalyzethelegal,systemic,andorganizationalchanges requiredtodetermine ofthe forceafterpassage of thechange injuvenilejurisdiction bycreatingatask the SentencingCommissionrecommendsatwo-yearphase-inforimplement To dealwithconcernsovertheimpactofchange onthejuvenilejusticesystem, at thetimetheycommitacrimeorinfraction,areunderageof18. Increase theageofjuvenilecourtjurisdictiontopersonswho, 73

theSentencingCommission

74

ation

PG. 81 .

Times-News

. http://select.nytimes. The SportingThe News http://www.ocolly.okstate. Knight Ridder/Tribune News Service. Knight Ridder/Tribune The New York Times New York The Cowboy Book.Cowboy

Bordsen’s bill was also sponsored by State Representatives Larry Womble. Parmon, and R. Phillip Haire, Earline W. Berkow, I. (2004, May 31). Basketball: An arrest. A Berkow, A star. second chance. com/gst/abstract.html?res= F40A12FE3D550C728FDDAC0 894DC404482&n=Top%2fReference%2fTimes%20Topics% 2fOrganizations%2fO%2fOklahoma%20State%20University 36. Unless otherwise noted, the remaining profile See Berkow, of JamesOn Curry is from Berkow’s article. for Team July 8). Not the right choice M. (2005, DeCourcy, USA: North Carolinians will be surprised to learn JamesOn Curry still might represent them. http://findarticles.com/p/articles/mi_m1208/is_27_229/ ai_n14713612 (2004, Curry shines in debut while November 10). Landis, T. thoughts stray. edu/new_ocollycom/archives/show_story.php?a_id=24075 See Hayhurst. 42. was entrapped into crime. Teenager Smith, T. Ibid. Hayhurst. 42. See 41. See 41. See 41. See 41. See 41. See Office of Research and Planning, 26. See Office of Research Ibid. House Bill 1723 / S.L. 2006-248, http://www.ncga.state. House Bill 1723 nc.us/gascripts/BillLookUp/BillLookUp.pl?Session=2005&B illID=H1723 Advisory Commission, North Carolina Sentencing and Policy Offenders Subcommittee Meeting Minutes. Youthful June 23, 2006. Advisory See North Carolina Sentencing and Policy Commission, 16. Interview with Jeff Webster. Jan 5, 2007. Interview with Jeff Webster. sentences to 5-6 months in prison.” Hayhust, B. “Judge Times-News. See 41. See 41. See 41. Hayhurst. 42. Hayhurst. 42. Hayhurst. 42. Of these 407 young people, 64%Of these 407 were African-American (243 to be Latino (18 males, 1 males, 18 females), 5% were known and seven were defined as female), two were Native American, hundred and nineteen were “other” (6 males, 1 female). One European/Caucasian (113 males, 6 females). FBIThe and aggravated categorizes homicide, rape, robbery, assault as violent crimes. Ibid. et al., 19. T., See Flinchum, Ibid. Ibid. Of the 17-year-olds, 303 were males and 16 were females; of Of the 17-year-olds, were males and 10 were females; and of the 16-year-olds, 74 and one was female. the 15-year-olds, three were males Huguenin, M. (2005, February 28). JamesOn Curry tries to Huguenin, M. (2005, February leave past behind. http://www.accessmylibrary.com/coms2/summary_0286- 8442747_ITM See 41. See 41. 60. 61. 62. 63. 37. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 27. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. Chapel http://www.ncsl. Juvenile justice reform act. http://www.ncjj.org/stateprofiles/ Confidentiality in juvenile Correctional program evaluation: . Raleigh: North Carolina Department of UNC of Government, http://www.iog.unc. School Raleigh, NC: North Carolina Department of The Increase the age that youth can be tried as adults from 13 to 15. from 13 to 15. can be tried as adults the age that youth Increase North Carolina has the adult system. see 13-year-olds entering few jurisdictions Very already taken14. by raising the age in most cases to steps in this direction Abolish “once an adult, always an adult.” an adult.” always an adult, “once Abolish would ensure suitableThis justice system by the juvenile to services provided access as adults. been previously convicted and under who have for youth 18 The Committed Youthful Offender Code, N.C.G.S 148-49, et Committed Youthful The seq. (repealed 1993). State Strategies to manage budget shortfalls. (2003, January). National Conference of State Legislatures. org/programs/fiscal/fpssmbsnc.htm Advisory See North Carolina Sentencing and Policy Commission, 16. Ibid. et al., 19. T., See Flinchum, National Center for Juvenile Justice data. http://www.ncjj. org/stateprofiles/profiles/ NC06.asp?topic=Profile&state=%2 Fstateprofiles%2Fprofiles%2FNC06.asp residential facilities after consultation with the Department of Juvenile Justice and Delinquency Prevention. N.C. Gen. Stat. (2006). § 7B-2517 Advisory Commission North Carolina Sentencing and Policy Offender Subcommittee [Meeting Minutes]. (2006, Youthful 31). Raleigh, NC: North Carolina Department of March The Correction. pp. 31-32. Advisory Commission North Carolina Sentencing and Policy Offender Subcommittee. (2006, 1). December Youthful Final report. Correction. Ibid. G., Moore-Gurrera, M., & Jones, K., Hevener, T., Flinchum, Katzenelson, S. (2006). Offenders placed on probation or released from prison in fiscal year 2001/02 Advisory Commission. Corrections, Sentencing and Policy p. 79. See Mason, J., 5. N.C. Gen. Stat. § 7B-2204 (2006). N.C. Gen. Stat. § 7B-1501 (11) (2006). N.C. Gen. Stat. § 7B-2204) (2006). the Governor may order the transfer of that Note, however, any young person under 18 from any jail to one of the juvenile Collected from the Office of Research and Planning, Department Department Planning, and Research of Office the from Collected 24 July and 2006 20, July on Carolina, North Correction, of 18 of age the under youth concern statistics and data All 2006. females], 4 males, [10 Fourteen 2005. of year calendar the during who “individuals as “safekeepers”—defined were however, adjudicated be to yet have but crime a with charged been have 14 The DOC. of custody the into ordered court are who and follow. that results data the into configured are “safekeepers” Ibid. Commission Youthful Offenders Subcommittee Meeting on Commission Youthful January 13, 2006, in the Correction Enterprises’ Conference James Dr. with facility Correction of Department the at Room p.5. jurisprudence, juvenile on thinking American regarding Howell N.C. Gen. Stat. § 7B-2200 (2006). Mason, J. (1999, January 1). Hill, NC: University of North Institute of Government, The Carolina at Chapel Hill. http://www.juvjus.state.nc.us/about/ reform.html N.C. Gen. Stat. § 7B-1064 (b) (2006). See Mason, J., 5. Class A, B1, B2, C, D, or E felonies. Mason, J. (2004, October). proceedings. edu/pubs/electronicversions/pdfs/ss19.pdf (2005, August). National Center for Juvenile Justice. The State juvenile justice profile. overviews/upperage.asp Advisory and Policy Minutes from North Carolina Sentencing N.C. Gen. Stat. § 7B-1064 (b) 20. 21. 22. 23. 24. 25. 26. 15. 16. 17. 18. 19. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. • NOTES 1. 2. 3. •

PG. 82 67. 66. 65. 64. June 23,2006. Youthful OffendersSubcommitteeMeetingMinutes. North CarolinaSentencingandPolicy AdvisoryCommission, june06.html http://www.ncdjjdp.org/newsletter/archives/2006/printable_ June). Offender Subcommittee.(2006, discusses raisingthejuvenileagewithNorthCarolinaYouthful Right thingtodo!Wrong Sweat timetodoit:Secretary seq. (repealed1993). The CommittedYouthful et OffenderCode,N.C.G.S148-49, Delinquency andPrevention. oftheNorthCarolinaDepartmentJuvenileJustice Secretary Room attheDepartmentofCorrection,p.3.GeorgeSweat, intheCorrectionEnterprises’Conference June 23,2006, Commission Youthful OffendersSubcommitteeMeetingon Minutes fromNorthCarolinaSentencingandPolicy Advisory DJJDP NewsExpress,

71. 70. 69. 68. 74. 73. 72. their recommendedchanges. The SentencingCommissionexemptedtrafficoffensesfrom Ibid. Commission, 16. See NorthCarolinaSentencingandPolicy Advisory June 23,2006. Youthful OffendersSubcommitteeMeetingMinutes. North CarolinaSentencingandPolicy AdvisoryCommission, College System.December14,2006. Interview withDavidSullivan,NorthCarolinaCommunity System. December15,2006. Interview withRobertKanoy, UniversityofNorthCarolina Ibid

PG. 83 PG. 84 Whether theyouthhaspreviously abscondedfromthelegalcustodyofajuvenile • The youth’sage; • The recordandprevioushistoryoftheyouthinthisorother jurisdictions; • The seriousnessandnumberofallegedoffenses; • and donotapplywhenthecaseis should remaininthejuvenilecourt.(These factorsonlyapplyto There areaseriesoffactorsthecourtcanconsiderwhendeterminingifyoungperson only needs to establish probable cause to send the case to the Circuit Court. in, or it can be a perfunctory hearing in which competence is presumed and the prosecutor preliminary hearing can either be a full review of which court the young person can be tried the J&DR Court must hold a preliminary hearing. Depending on the status of the case, the (J&DR Court). birthday are subject to the jurisdiction of Virginia’s Juvenile and Domestic Relations Court Generally, youth who become the subject of juvenile delinquency petitions before their 18th Transfer hearings. committed tothecustodyofDepartmentJuvenileJustice. juvenile courtjurisdiction,butyouthmustbeatleast11yearsoldbeforetheymay Juveniles aredefinedaspersonsunderage18.There isnominimumageinVirginia for Juvenile justicejurisdictionrunsuntilyouthturn18. way youngpeopleendupintheadultcriminaljusticesystemV terms “juveniletransfer”and“certification.” mandatory waiver, Virginia’s scheme doesnotspecificallyreference statutory incarceration injailsandprisons,throughavarietyoflegalmec Virginia allowsforyoungpeopletobesenttheadultcriminaljusticesystem,including VIRGINIA? LAWWHAT IN THE IS correctional entityinanyjurisdiction; 3 Before a youth may be transferred or certified to the adult Circuit Court, anddirectfile,itdoesallowforthesepracticesthroughprocesses statutorily excluded 1 The followingincludethekeyfeaturesof .) discretionary waiver, hanisms. Although 2 judicial waiver irginia. 4 decisions

legal mechanisms. legal mechanisms. of prisons, throughavariety injailsand incarceration justice system,including to besenttheadultcriminal people foryoung Virginia allows VIRGINIA

PG. 85

5 12 the 8 ain juvenile here is a rebuttable he court can then consider 17 If a youth is alleged to have 7 to stand as an adult. If the J&DR trial 15 10 11 6 The transfer factors used in discretionary waiver proceedings have no transfer The 16 (i.e., it is taken to be true unless someone comes forward to contest it and 9 and a hearing must be held. Once again, it is up to the young person being and a hearing must be held. Once again, The prosecutor must provide “written notice of his intent” to try the youth as prosecutor must provide “written notice of his The 14 13 effective treatment and rehabilitation;effective treatment and and the youth’s problems. juvenile justice systems for dealing with the criminal justice and illness; appeal the decision and try to get transferred back to the juvenile court. A young person has has person young A court. juvenile the to back transferred get to try and decision the appeal bearing on this certification decision. Statutory or legislative exclusion or mandatory waiver. with certainIf a youth is charged malicious wounding, forms of murder or aggravated and the same legal thresholds are met in a hearing (that a young person is competent, written notice was given, and that there was probable cause that the youth 14 or older, committed the crime), the young person will be tried as an adult. Assuming that these thresholds are met, the juvenile court has no discretion to retain juvenile court jurisdiction. Again, the transfer factors described under the state’s discretionary waiver have no bearing on this decision. Reverse waiver. may youth the waiver, discretionary under court adult the to waived is person young the If Prosecutorial waiver or certification. Prosecutorial to the direct file procedure in is similar which the “certification procedure,” In Virginia, other states, of prosecution in an adult or juvenile forum solely in the places the choice is referred to as the “Commonwealth Attorney.” who in Virginia hands of the prosecutor, with certain if the youth is charged prosecutor may elect to try a youth as an adult The crimes. an adult, to prove that he or she is not competent charged old, that the prosecutor has Court finds that the young person is at least 14 years is provided written notice of wanting to try the young person as an adult, and that there is certified to Virginia’s probable cause that the youth committed the crime, the charge Circuit Court. If these thresholds are met, the court has no discretion to ret court jurisdiction. As stated, court retains in some cases the juvenile discretion over the transfer decision. do so, the court must first conduct a transfer hearing. To a felony if committed by an adult, committed a crime that would be considered person tried as an adult. T prosecutor may move to have the young presumption to standproves otherwise) that the juvenile is competent burden of trial as an adult. The that the stateproof rests on the young person to show has not met the thresholds (that was written notice was given, and that there a young person is competent, 14 or older, the crime) for him or her to be tried as an adult. probable cause that the youth committed whether the youth is “not a proper If a judge finds probable cause, the court must decide the juvenile court. T person” to remain within the jurisdiction of the above factors when making the decision. • record; youth’s school The • youth’s mentalThe maturity; and emotional • and physical maturity; youth’s physical condition The • can be retained the youth enough for in the juvenile justice system long Whether • alternatives in both of the services and dispositional appropriateness and availability The waiver. Judicial discretionary • of mental youth’s degree of the retardationany, extent, if mental or The thresholds for him or her to be tried as an adult. the young person to show that the state has not met the The burden of proof rests on The

PG. 86 to make common-sense improvements to the administration of juvenile justice. houses unanimously and is an example of how advocates and legislators can work together again for subsequent offenses in circuit court. This amendment to the statute passed both Virginia’s law to provide that only youth ‘convicted’ of crimes in circuit court had to be tried report goes to press, a bill passed both houses of the Virginia General Assembly to change the adult court if the youth was tried or treated as an adult in a prior proceeding. As this normally be brought against a youth in circuit court, would have required prosecution in felony and misdemeanor offenses. ultimately dismissed. all future charges in adult court, even if the charges first brought in Circuit Court were Court’s interpretation of this statute, the transfer of a youth to adult court would have kept to the jurisdiction of the adult court in a prior proceeding. According to the Virginia Supreme unfortunate avenue to adult court jurisdiction for juveniles who were certified or transferred Virginia’s Once anadult,alwaysadult. Circuit Court Judge to order a juvenile sentence. three years of mandatory adult prison time for a first offense, and trumps the ability of the sentences. For example, the crime of use of a firearm in the commission of a felony carries offenses are tried in the adult court, they are subject to mandatory minimum adult prison for prosecution and disposition with the certified charge. that a charge is ancillary to a certified charge, the charge will be sent to the adult court felony if committed by an adult.” constitutes a part of a common scheme or plan with, a delinquent act which would be a any delinquent act committed by a juvenile as a part of the same act or transaction, or which or related to another offense that is subject to certification. eligible for certification to adult court, to the adult court for trial if the offense is “ancillary” In Virginia, prosecutors may move to certify a felony or misdemeanor offense not otherwise Other distinctivefeaturesofVirginia’s adultificationstatutes. progress. has demonstratednecessary blended sentence,tosuspendtheremainingjuvenileand/oradulttimeifyoungperson sentence, andhastheauthority, evenwhentheyouthhasbeensentencedasanadulttoa the progressofyouthonanannualbasisbeginningsecondannivers the juvenile’s21stbirthday, whichever occursfirst. years, otherwise permissibleunderVirginia law. Typically, themaximumjuvenilesentenceisthree the courttosentenceayouthlongerterminjuvenilecorrectionalfacilitythanis a juvenile.This canincludeacommitment asa“seriousjuvenileoffender,” which allows juvenile felony, theCircuitCourtcanthensentencejuvenileaseitheranadultor they successfullycompletetheirjuvenileterm.Iftheoffenseisnotcategorizedasaviolent of thesentenceinadultsystem.Youth alsomayreceiveasuspendedadultsentenceif youth mayserveaportionofthesentenceinjuvenilejusticesystemandrest whether theoffenseiscategorizedasaviolentjuvenilefelony. least partly, asyouth,buttheavailabilityofsomejuvenilesentencingoptionsturnsupon Court judges.Inmostcases,youngpeoplewhoaretriedasadultsmaybesentenced,at In Virginia, youthtriedasadultsareentitledtojurytrials,butsentencedbyCircuit Virginia isablendedsentencing state. the adult Circuit Court, if it is in the public interest to do so. motion to transfer a youth to the adult court is denied, he or she may appeal this decision to determine if it was in compliance with Virginia’s transfer statute. to review on appeal, the Circuit Court may review the J&DR Court’s transfer decision to disposition. appeal and may decide to keep the case or return it to the juvenile court for adjudication and 10 days to appeal the transfer decision. The adult Circuit Court has jurisdiction over this 22 buta“seriousjuvenileoffender”maybesentencedforuptosevenyears,oruntil Once an Adult, Always an Adult 18 With the exception of the probable cause determination, which is not subject 29 Additionally, this statute did not distinguish between subsequent 26 If the juvenile court determines at the preliminary hearing 30 Therefore, a misdemeanor offense, which could not 24 provision had created an alternative and 28 23 Inthesecases,theCourtreviews 27 Also, in Virginia, when certain 25 20 “Ancillary charge” means that 21 19 Ifthisthresholdismet,a Also, when a prosecutor’s ary ofthe prison sentences. minimumadult mandatory to theyaresubject court, offenses aretriedintheadult In Virginia, whencertain

PG. 87

36 e o e it it Of those 33 Wh Wh Latin m % % rican-American 2% 2 5% 46 48 Af esented After a youth was African-American youth ) 31 34 epr ections syste 35 nia, but r i This percentage This represents a much rg 37 Vi 32 ests (All Offenses ested in an youth constituted fewer than 5 youth arr 200 an-Americ n % % of youth entering the adult corr Afric n 73 73 half of all youth arr Asia Latino

1% 5% rican-America Af According to the Virginia Sentencing Commission, 325 youth were convicted of a felony According to the Virginia in adult circuit court in 2003, 306 youth were convicted in 2004, in 2005. and 291 year at least one-third Department of Juvenile Justice, in each According to the Virginia or more of these youth were initially sentenced to the Department of Juvenile Justice to serve all or at least a portion of their sentence.

certification. However, because youth who are tried as adults begin insystem, the juvenile move into the adult system, and may then be sentenced as eitherjuveniles, adults the or available data are not kept in one centralized or uniforma result, depository. it is difficult As to determine the number of youth who are affectedby Virginia’s each transferyear and certification laws. The following statisticsavailable provide estimatesthe best of the number and characteristics of the young peopleaffected who by are Virginia’s laws. and convictions data. Arrest In 2005, there were 32,980 18 in Virginia. arrests of youth under the age of Bureau of offenses, classified by the Federal arrests, just over 1,000 were for violent index aggravated assault. and rape, robbery, Investigation as murder, in 2005. comprised fewer than half of all juvenile arrests allotted to youth being tried as juveniles detained in adult jails. brutally beaten in the Virginia Beach Jail, the law, which previously mandated that youth be placed in adult jails, was changed in 1997 to make this placement discretionary. According to a recent report by Amnesty International USA, of the 2,225 youth in the United States serving life without the possibility of parole, the adult Virginia Department of Corrections (DOC) houses 48 of them. WHO IS AFFECTED THE IN BY LAWS VIRGINIA? The Virginia Supreme Court, State Police, Department of Juvenile Justice,Department and of Corrections each keep data relating to juvenile transfer and Young people convicted in the adult court can end up in adult jails and prison. jails and up in adult can end adult court in the convicted people Young Virginia permits, but does not require, that youth awaiting trial as adults can be housed with the general population in adult jails without the sight and sound separation benefits Virginia State Police. (2005). Police. State Virginia Source: Virginia Incident-Based Reporting System, System, Reporting Incident-Based Virginia Source: jails, was changed to make this this make to changed was jails, discretionary. placement law, which previously mandated mandated previously which law, adult in placed be youth that After a youth was brutally beaten beaten brutally was youth a After the Jail, Beach Virginia the in

PG. 88 male rolemodel.ShortlyafterJim turned14,hewasarrestedand,thoughthesewerehis movies, andcommunityactivities. HewascommittedtoprovidingJimwithapositiveadult he was11yearsold.For severalyears,hetookJimwithhim to church groupmeetings, The ReverendJones, LAWS BY VIRGINIA’S AFFECTED FAMILIES AND PEOPLE YOUNG during thisperiodwereAfrican-American. 2003 to2005,approximately 4%weregirls.Sixty-ninepercentofnewcourtcommitments from non-violent offenses.Further, ofthoseyouthsentencedtoservetimeintheDOC populationofjuveniles inadultprisononanygivenday)wereservingtimefor standing From 2003to2005,between8%and15%ofyouthincarceratedinadultprisons(the wereAfrican-American. and in2003,69% 67%were fornon-violentoffenses.In2004, ofnewcommitmentswereAfrican-American onanannualbasis),73% wereAfrican-Americanand24% and sentencedtotheDOC newcourtcommitments(youthtransferredandconvictedinadult In 2005,ofthe59 The racial,ethnic,andoffense profileofyoungpeoplesenttotheadultsystem. collateral consequencesandbarriersimposedbyadultfelonyconvictions. that allyouthconvictedasadults,regardlessofwheretheyareplaced,facethes Even thoughmanyyouthappeartobesentencedasjuveniles,itisimport in thesentencingfigures. sentenced totheadultsystemformorethanayear, thereisprobablylittledoublecounting weresentencedin2005.Sincemostyoungpeoplewhoarelikely and 59 were admittedtotheadultcorrectionssystem.Seventy-twosentencedin200 Specifically, accordingtotheVirginia DepartmentofCorrections, Department ofCorrections. ofsentencedjuvenilesthanthosearewhoplaceddirectlyintothe larger percentage Af rican-America 5% 5% 1%

Latino Asia half of all youth arr youth all of half 73 73 n Afric % of youth entering the adult corr adult the entering youth of % % n 39 thefatherofsixadultchildren, becameabigbrothertoJim an-Americ 200 5 youth arr youth 5 an youth constituted fewer than fewer constituted youth an ested in in ested ests (All Offenses (All ests Vi rg i nia, but r but nia, ections syste ections epr ) 38 esented in2003,75youth Af 46 48 5% 5% 2 2% 2% rican-American % % % m ant toremember Latin Wh Wh it it e o e ame 40 when 4 offenses. and 24%werefornon-violent 73% wereAfrican-American ofCorrections, Department commitments totheVirginia newcourt ofthe59 In 2005, Corrections (2006) Data provided by Laura Cross, Virginia Department of Source: 2005 New Court Commitments, All Offenses

PG. 89

41

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44 ay about Virginia’s Virginia’s ay about found that “Virginia’s found that “Virginia’s The fee caps are particularly fee caps The 45 Specific findings from the ABA report 42 43 A Comprehensive Review of Indigent Defense in Virginia representation judges, Commonwealth’s Attorneys and of their indigent clients. The are a disincentive to zealous advocacy juvenile court personnel...agree that low fees Commonwealth’s attorneys.” lowest in the country.” counsel from doing the work necessary to provide meaningful and effective for his best interest nor has takenfor his best man. of this young to investigate the history the time system is doing the what has happened is that this criminal My greatest fear about another angry young designed to do and Jim will end up being opposite of what it is demonstrated no future. Because in his mind society has male with no dream and black that is designed to It’s hard to believe we have a justice system that he is of little value. a young age and call it rehabilitation. his self-worth at such strip a young man of When sense come into play? and where does common remain the same. A December 2005 newspaper editorial by Esther Windmueller, a Richmond, Virginia, attorney, noted that “[e]ven though many court-appointed lawyers and public defenders work tirelessly for their underprivileged clients, too often Virginians have received exactly what we’ve paid for: a system where, as the [American Bar Report] put it, ‘substandard practice has become the acceptedThe governor norm.’” of Virginia, Tim Kaine, recently proposed increased funding totaling nine million dollars to address this problem, but this proposal awaits an uncertain fate in Virginia’s General Assembly. In addition, the Virginia Indigent Defense Commission has recently approved rigorous standards for lawyers representing accused youth. The combination of more rigorous standards and improved compensation will address the persistent problems with Virginia’s indigent defense system. • public defenders and is great disparity in resources afforded to “There pay for defenders, the pay gains for court- Despite the advocacy work done to improve maximum total minimal. The appointed and public defenders have been fee per juvenile at $445. is capped Circuit Court felony charge is just $120, while each charge exception for felonies punishable by more than 20 years in prison; the fee is an There for representation in these cases is capped at $1,235. and onerous in juvenile transfer cases where lawyers should perform diligent investigation preparation in advance of the transfer hearing, as well as the trial, but the fee—$120—will Bar Association assessment. American Raising attorney’s fees: Findings of the increase in payment for court- several years, attorneys have advocated for an For cases. serious handle who attorneys for training” “issue-specific and attorneys appointed In 2004, indigent defense system is deeply flawed.” include: • are the unwaivable statutory“The fee caps for court-appointed counsel in Virginia • unreasonably low statutory“The fee caps act as a disincentive to many assigned out system not really looking up in a legal male now caught is a young black ... I feel Jim ARE THEWHAT POLICY OPTIONS IN VIRGINIA? rst alleged offenses, tried as an adult. Reverend Jones had this to s Jones had Reverend as an adult. tried offenses, first alleged trying youth as adults: practice of

American Bar Association (2004) —A Comprehensive Review of Indigent Defense in Virginia, appointed counsel in Virginia appointed counsel in Virginia are the lowest in the country.” “The fee caps for court- “The

PG. 90 • • • RECOMMENDATIONS VIRGINIA legislature inNovemberof2007, willreportontheCrimeCommission’sfindings. Associationrecommendations. accordance withAmericanBar in andqualityaccesstolegalrepresentation issues: disproportionateminoritycontact, thejuvenilejusticesystem,payingparticularattentiontofollowing to examine which askedtheVirginiaHouse JointResolutionNo.136 CrimeCommission State introducedlegislation thathasledto BrianMoran(D-Alexandria) Representative minority contactandaccesstolegalrepresentation. Conducting legislativestudiesondisproportionate juvenile detentionfacilities.The billfailedtobecomelaw. transferred totheadultcriminaljusticesystemandplacedinjails,asopposed wouldhaverequiredthatyouthawaitingtrialbe legislationintroducedin2006, HB1332, detention andsendthemtojailiftheyareawaitingtrialasadults. Introducing legislationtoremoveyouthfromjuvenile the impulsivenatureofmostyouth, thedeterrentpurposemaybeofminimalvaluewhen criminal conduct”ratherthanreform “themostdangerousclassofcriminals. sentences, such asVirginia’s areintendedtodeter“violent useofafirearmstatute, juveniles orgivensuspendedadult time.Offensesthatcarrymandatoryminimumadult Virginia lawthatpermitjuvenileswhoareconvictedbyadult courts tobesentencedas In Virginia, mandatoryminimumadultsentencingprovisionstrump thoseportionsofthe even ifthecharge carriesmandatoryminimumadulttimeforadults. Provide judgeswithdiscretiontosentenceyouthas youth, have thistypeofexperience. Deputy prosecutors,whooftenserveveryshorttoursofduty in juvenilecourt,donot hands ofexperiencedevaluatorsamenabilitytotreatmentand futuredangerousness. ofcases,wouldleavethetransferdecisioninmoreappropriate review thousands Courtjudges,whotypicallyoccupythebench formanyyearsand discretion toJ&DR and assessedwhendeterminingtheappropriateforumforprosecution. Providing tobepresented transfer hearingsprovideaforumforthesemitigatingcircumstances must certifyjuvenilestoadultcourtmerelyuponfindingprobablecause.Incontrast, if theadultforumismostappropriateforprosecution.Inthesecases,juvenilecourt tend toconstitutethemoreseriousoffenses,judgeshavenodiscretionindetermining transfer toadultcourtjurisdictionisappropriate. Court“shall”considerbeforedeterminingif offense isbutoneof10factorsthataJ&DR potential.Seriousnessofthe concludes thatnotalljuvenileshaveequalrehabilitative Virginia’s legislaturerecognizesthattherearevaryingdegreesofcriminalculpabilityand Ensure judicialdiscretionpriortocertificationadultcourt. it would be useful to learn more about how this discretion is exercised. Given the latitude accorded prosecutors to decide which court will try juvenile offenders, researchers to understand the relationship between geography and juvenile transfer. trend and raise important questions for policymakers. In addition, it would be helpful for come before them as youth rather than as adults. More information might confirm this that Circuit Court Judges are, at least initially, treating more of the young people who and the exact resolution of their cases. The initial data collected for this report suggest information. It is very difficult to determine the exact number of youth tried in Circuit Court as adults are hard to access in Virginia. Different agencies have different pieces of As mentioned, data relevant to studying the practice of trying and sentencing youth Organize the collection of data on youth tried and sentenced as adults. 47 However, incertificationcases,which

46 This study, duetothe

” 48

Given

PG. 91 al

Va. Code § 16.1-269.1(A). Va. rape, or malicious wounding, abduction, carjacking, Robbery, § 16.1-269.1(C). Code set forth in Va. other specific charges Code § 16.1-269.1(C). Va. Code § 16.1-269.1(A) (3), (D). Va. Code § 16.1-269.1(A) (1), (C), (D). Va. Code § 16.1-269.4. Va. App. 61, 70 41 Va. Commonwealth of Virginia, v. Schwartz Code § 16.1-269.1(A). (2003); Va. Va. Code § 16.1-269.1(A). Va. Code §16.1-269.1(C). Va. Va. Code § 16.1-269.1(B). Va. Attorneys tend to use the Va. Code § 16.1-269.1(C) Code Attorneys tend to use the Va. procedure, where possible, as it is an easier standard to meet and puts the Commonwealth in a better bargaining position for possible plea negotiations. Code § 16.1-269.1(A) (3), (D). Va. 12. 13. 14. 15. 16. 17. 18. 19. 9. 10. 11.

51 These developmental These differences between youth and adults are key 50 This qualifying language needlessly chips away at statutory transfer factors, 49 Change the minimum age for prosecution of a youth as an adult. Change the minimum age for prosecution of a youth as an adult. minimum age should 14. The minimum age for prosecution as an adult is currently The shows New research be raised to fit with what we now know about juvenile culpability. functioning that contribute to their that differences exist in young people’s brain may have the samecognitive abilities. Although 16-year-olds intelligence or ability to short-sighted decision-making, poor reason as adults, in high-pressure crime situations, pressure may undermine a youth’s decision- impulse control, and vulnerability to peer making capacity. made for youth and the existence of the factors in justifying the special considerations juvenile justice system. Require J&DR Courts to consider each of the statutory transfer factors before a transfer decision is made. The current statutory language states that although the J&DR Court “shall consider, but not be limited to” the statutory transfer factors, “no transfer decision shall be precluded or reversed on the grounds that the court failed to consider any of the[se] factors.” including the age of the defendant, the number of prior court contacts, and the appropriateness and availability of the services and dispositional alternatives in both the criminal justice and juvenile justice systems for dealing with the youth’s problems. These are factors that the legislature has concluded are relevant in determining whether transfer is appropriate. Keep youth out of adult jails. youth out of Keep do not tend Because they housing facilities. their very nature, short-term Jails are, by and mental the education time, they often lack youth at any one to serve many health a young person’s rehabilitation.services so critical to staff, do not have adequate They juvenile detention to serve a juvenile population. By contrast, facilities, or experience services, ment in their obligations to provide educational centers are well-versed other relevant services to juveniles. health services, and of the defense afforded Increase the quality transfer and certification. indigent youth facing counsel who represent should improve the pay provided to defense Virginia Specifically, youth facing and waive the caps for those representing indigent juvenile defendants transfer to Circuit Court. applied to juvenile offenders and likely would be far outweighed by the availability of the availability by far outweighed would be and likely offenders to juvenile applied rehabilitativeappropriate services. Va. Code § 16.1-269.1. Va. Code §§ 16.1-228, 16.1-278.8(A)(14). Va. the delinquency is true even if Code§ 16.1-241. This Va. However, petition is initiated after the juvenile’s 18th birthday. the age of 21 before they are charged juveniles who reach with a felony that occurred before their 18th birthday are adjudicated as adults. Code § 16.1-269.1(A)(4). Va. Code § 16.1-269.1(A)(4). Va. Code § 16.1-269.1(A). Va. provision relates to felony offenses that are not eligible This Code § 16.1-269.1(B) or for certification pursuant to Va. (C)) (typically less-serious felony offenses) or felony offenses Code § 16.1- that are eligible for certification pursuant to Va. 269.1(C), to certify but that the Commonwealth did not choose Commonwealth to the Circuit Court. As a practical matter, Va. Code § 16.1-269.1(A). Va. 1. 2. 3. 4. 5. 6. 7. 8. NOTES • • • •

PG. 92 34. 34. 33. 32. 31. 30. 29. 28. 27. 26. 25. 24. 23. 22. 21. 20. juvenile. Va. Code§16.1-272 (A)(3). is convictedofamisdemeanor,” hewillbesentencedasa 272(A)(2). “Ifthejuvenileisnotconvictedofafelonybut be sentencedasajuvenileoranadult.Va. Code§16.1- a felonyoffense,otherthanviolentjuvenilefelony, hemay 272(A)(1). IfajuvenileisconvictedbytheCircuitCourtof as anadultforaviolentjuvenilefelony. Va. Code§16.1- crimes thecourtmayorderthat”juvenilebesentenced violent juvenilefelony, forthatoffenseandallancillary Va. “Ifajuvenileisconvictedof Code§§16.1-269.1(D). FBI Uniform Crime Reports, Crime in the United States, 2005. UniformCrimeReports,intheUnitedStates, FBI United States. rest oftheirlives:Lifewithoutparoleforchild offendersinthe Amnesty InternationalandHumanRightsWatch. (2005). Va. Code§16.1-249(D). (2004). Cookv. VaSee, forexample, Commonwealth,268 111 Va. Code§18.2-53.1. Va. Code§16.1-228. Va. 16.1-272. Code§§16.1-269.1(D), Va. Code§§16.1-285.1,16.1-285.2. Va. Code§16.1-285.1 Va. Code§16.1-285. case....” [seeVa. Code§16.1-272(A)(1)]. imposed inajuvenilecourtupondispositionofdelinquency successful completionofsuch termsandconditionsasmaybe for adults”;or(iii)asuspendedadultterm“conditionedupon mannerasprovided serve theentiresentenceinsame mannerasprovidedforadults”;(ii)“... sentence inthesame as aseriousjuvenileoffender...andtheremainderofsuch this provision,ajuvenilemay“serveportionofthesentence readsthat,under or(C).The statute Code §16.1-269.1(B) subject tocertificationtheadultcourtpursuantVa. A “violentjuvenilefelony”isdefinedasanyoffensethat Va. Code§16.1-269.3. Ibid. Va. Code§16.1-271. NewYork: Author. The 36. 36. 35. 51. 50. 49. 48. 47. 46. 45. 44. 43. 42. 41. 40. 39. 38. 37. Va. Code§16.1-269.1(A)(4). Justice Trends. October18). (2006, CrimeCommission.PowerPoint onJuvenile State Presentation Virginia DepartmentofJuvenileJusticereporttotheVirginia Ibid. Ibid. Ibid. downloads/sclaid/indigentdefense/va-report2004.pdf January 29,2007, fromhttp://www.abanet.org/legalservices/ Committee onLegalAidandIndigentDefendants.Retrieved Washington, AssociationStanding AmericanBar DC: review ofindigentdefenseinVirginia January). Spangenberg, R.L.(2004, Author. representation indelinquencyproceedings. Virginia: Anassessmentofaccesstocounselandquality Mid-Atlantic JuvenileDefenderCenter. (2002,September). AssociationJuvenileJusticeCenterandthe The AmericanBar System, compiledbytheVirginia Police. State filesfromtheVirginia Reporting Electronic data Incident-Based guilty byreasonofadolescence. September). Development andJuvenileJustice.(2006, MacArthur Foundation Research NetworkonAdolescent Va. Code§16.1-269.1(A)(4). Bullock v. Va.App. Commonwealth,48 377 359, (2006). (2006). House JointResolutionNo.136 Va. Code§19.2-163. Jim isapseudonym. otherwise noted. touserealnames,exceptwhere Permission wasobtained Corrections, July2006. provided byLauraCrossattheVirginia Departmentof fromthissectionwere Unless otherwisenoted,alldata Criminal SentencingCommission. Crime CommissionbyRichard Kern, DirectoroftheVirginia (FY2001-2005), Court Felony sentencingpatternsforjuvenilesconvictedinCircuit presentation totheVirginia presentation State Philadelphia,PA: Author. A comprehensive (ExecutiveSummary). Washington, DC: Less

PG. 93 PG. 94 counties inhowthewaiverisused. Somecountieshavenotwaivedayouthinseveral that usetheprosecutorialwaiver provisionmoreoften.There isawidedisparitybetween court forsubsequentoffenses. After havingbeentriedasanadult, anindividualunderage17 cannotreturntojuvenile Once anadult,alwaysadult. in adultcourt. inajuvenilecorrectionalfacilitybeautomaticallytreated that youthwhocommitanassault youngest peopletriedintheadultsystemaretherebecauseof aprovisionthatmandates In practice,youthasyoung13havebeentriedadultsin W youth; thesecasesarerarelysuccessful. to thejurisdictionofjuvenilecourt.The burdenofproofforthesecasesrestsonthe there isanopportunitytoattempta“reversewaiver.” This waiverallowstheyouthtoreturn older canbewaivedintoadultcourtforanycrime.Onceayoung personisinadultcourt, commission ofafelonyattherequestgang. with adangerousweapon,manufacturingordistributingcontrolledsubst kidnapping,burglary, hostages, robbery taking first- orsecond-degreesexualassault, youth asyoung14areaccusedoffelonymurder, second-degreereckless homicide, waiver provision,prosecutorscanrequestthatcasesbewaivedtocriminalcourtwhen correctional facilityalsomustbetriedincriminalcourt. inasecure orbatterywhiledetained person whoisaccusedofcommittingassault attempted first-degreeintentionalhomicide,orreckless homicide.Ayoung court forthefollowingviolentoffenses:first-orsecond-degreeintentionalhomicide, exclusion provision,youthasyoung10yearsoldmusthavetheircasesfiledincriminal Young people10andupcanbetriedinadultcourt.UnderWisconsin’s statutory only 13 states to statutorily exclude 17-year-olds from juvenile court jurisdiction. in the juvenile laws for the state of Wisconsin. With the change, Wisconsin became one of youth crime spiked in the early 1990s, then-Governor Tommy Thompson initiated a change Since 1996, 17-year-olds have been excluded from juvenile court jurisdiction by law. In Wisconsin,juvenilecourtjurisdictionrunsuntiltheageof1 WISCONSIN? LAWWHAT IN THE IS 4 5 This provisionaffectsyouthdisproportionatelyincounties 3 Under the same provision,youth 15and Underthesame 2 Under the state’s prosecutorial Underthestate’s isconsin. Someofthe 7. ances, orthe 1 After

Wisconsin. beentriedasadultsin 13 have as asyoung youth In practice, bylaw. jurisdiction court been excludedfromjuvenile Since 1996,17-year-olds have WISCONSIN

PG. 95 al illnesses,” al illnesses,” 6 However, the However, 8 .” She had been .” OJ) undertook OJ) Among the specific 9 OC. Because the one inpatient Taycheedah employs only two only employs Taycheedah After sentencing, the Department After sentencing, the 7 placed in long-term segregation as a result of “problematic behavior but diagnosed with attention deficit disorder and intermittent explosive disorder, was not receiving medication, mental health treatment, or educational services. They is supposed to Unit at Taycheedah Special Treatment concluded that the Monarch “provide specialized treatment to those inmates...with the most acute ment leaving “the vast majority of inmates... but the unit provides “almost no programming,” unoccupied for most of the day.” providers.” health mental of staffing inadequate’ “‘Grossly carries a caseload of more than 400 and each patients at a time. part-time psychiatrists As a result, “inmates with serious mental health needs are left untreated, sometimes for ACLU’s National Prison Project recently filed a class The as long as several months.” who suffered invasive surgeries action lawsuit on behalf of four prisoners at Taycheedah “Failure to provide a minimal array of mental health programming, crisis services, a minimal array of mental health and “Failure to provide mental illness.” specialized treatment for inmates with acute to handle inmates facility in the area is overcrowded and ill-equipped psychiatric staff resort to the use of “Taycheedah who pose a danger to themselves or others, not which segregation and observation status to control inmates’ dangerous behavior, In June 2005, shortly after only fails to solve the problem, but often exacerbates it.” “her behavior was too difficult from the inpatient facility because being discharged an 18-year-old inmate fatally asphyxiated herself while in administrative to manage,” in July 2005, they Taycheedah visited investigators from the DOJ segregation. When found 44 out of the 59 individuals in segregation had serious mental and illnesses also met a 15-year-old inmate who was appeared to be in significant distress. They • failures cited by the DOJ are: failures cited by the DOJ • juvenile facilities, youth must attend school. However, in adult jails and prisons, education, in adult jails and However, must attend school. juvenile facilities, youth group and individual therapy sessions are not Additionally, if available, is voluntary. but are mandatory in the bulk of juvenile provided in the vast majority of adult facilities programs. Rehabilitative as conflict resolution classes or substance programming such facilities than in jails or prisons. abuse treatment is more accessible in juvenile Department of Justice (D In 2005, the Civil Rights Division of the U.S. DOC’s at the Wisconsin an investigation of conditions and practices Taycheedah facility currently houses more than That du Lac, Wisconsin. Correctional Institution in Font The maximum and medium security female inmates, including girls age 14 and older. 700 commended the state’sDOJ efforts to detect, minimize, and prevent sexual misconduct, violate inmates’ constitutional but it also concluded that “certain conditions at Taycheedah mentalrights by failing to provide for inmates’ serious health needs.” Young people convicted in the adult court end up in the adult jails and prisons. up in the adult jails the adult court end convicted in people Young detained jurisdiction can be older under adult court youth age 15 or pre- In Wisconsin, separation the sight and sound in local jails without general adult population trial in the law to youth held as juveniles. allotted under federal of Corrections (DOC) in matters concerning placement of has the final authority in a juvenile the age of 15 can be placed who has not reached waived youth. Any youth D if that youth has been sentenced to the correctional facility even DOC 10 to adult prisons. can sentence youth as young as age adult correctional facilities the case elsewhere, juvenile and as is generally In Wisconsin, and types affects the conditions presumptions and purposes. This operate with different have held in adult facilities do not Youth might encounter. of services a young person access to the same instance,For as their counterparts in juvenile facilities. programs in years, while others waive upwards of 50 per year. In 2005, of the 377 juveniles waived waived juveniles of the 377 In 2005, 50upwards of waive while others years, per year. of the waivers. for 276 counties accounted 10 out of the 72 into adult court, and prisons, education, if available, is voluntary. facilities, youth must attend school. However, in adult jails programs counterparts as their in juvenile facilities. In juvenile Youth held in adult facilities held in do Youth not have access to the same

PG. 96 means thatwheninjail,youthareawayfromtheirhomes,families,andcommunity were housedinjailsadifferentcountythanwherethecrimewascommitted. youth) weresentencedtoservetimeinjail.Almosthalfofall1 percent oftheseyouthwereheldinadultjailspriortotrialand28%(morethan3,000 for violentcrimessuch asmurder, androbbery. rape,aggravatedassault, majority wasarrestedfornon-violentoffenses. In 2002,therewerealmost14,000admissionsof17-year-olds toadultjails;thevast WISCONSIN? LAWS BY IN THE AFFECTED IS WHO • community, andtheprisonerherself. vulnerable populationcouldnegativelyaffectthechildren ofincarceratedwomen,the abuseproblems. likely tousedrugsorhavesubstance their malecounterpartstohaveexperiencedphysicalorsexualabuse,andaremore of minorchildren. likely thanmentocomefrompoverty-stricken neighborhoodsandtobesingleparents needs thatrequiremoreattentionthanmaleinmates.Incarceratedwomenare constitute theminorityofincarceratedpeople,manytheseinmateshavespecial division, nottheDepartmentofHealthandFamilyServices.Althoughwomengirls at SouthernOaksGirls’School. This facilityisoperatedbythejuvenilecorrections healthtreatment healthissuesonlyhaveaccesstomental of 18withseriousmental foundthatfemalesundertheage specialized treatmentandinpatientcare,theACLU operated bytheDepartmentofHealthandFamilyServices,availabletothemfor Juvenile Treatment healthproblemshavetheMendota boys withseriousmental Center, (WRC).”incarcerated menattheWisconsin ResourceCenter health carethatis“comparable”oreven“similar”inqualitytotheavailable prisonersdonothaveaccesstoinpatientmental has mentalhealthneeds,women concedes thatalthoughamuch greaterpercentageofthefemaleprisonpopulation correctional healthcare,producedattherequestofJointC onadult StatusReport February2006 ofCorrections]’s “[Wisconsin Department DOC. illwomenintheWI seriously mentally The suitispending.The alsonotedadiscrepancyintreatmentoptionsfor ACLU asaresultoftheprison’sneglecttheirmedicalneeds. and permanentdisablement Majority of arr of Majority 10 40 50 20 30 24% 24% 38 0% % % % % % % % Number of violent crime arrests Wh Blac 1000 1100 ite 80 70 90 60 Arr to adult jails in W in jails adult to k 0 0 0 0 2000 ests of Afric of ests In 2003, 8 2003, In 12 ests for for ests Furthermore,femaleprisonersareatleastthreetimesaslikely 13% 2 001 16 7% of all all of 7% an-Ameri 23% A - and and - rrest rrest isconsin we isconsin 2002 Ty 17 17 pe -year-olds ar -year-olds ca 23% - 14 year-old admission year-old n youth incr youth n Only15%oftheseyouthwerearrested 2003 re non-violent crimes non-violent 41% 13 e non-violent offenses non-violent e Denying servicestothis 2004 eased eased 7-year-olds inadultjails 7% 7% 7% 7% 17 11 ommittee onFinance, Andalthoughjuvenile % %

27 Unknown America Native Asian s Hispanic .9% P Other P V 15 Blac Wh iolent ropert ublic Orde ublic Seventy ite ite k k 16 y Yo Yo This ut uth . r h n 10

majority wasarrestedfornon- majority olds toadultjails;thevast of17-year-14,000 admissions In 2002,therewerealmost Populations Report. Source: Office of Justice Assistance. 2003 Adult Jail robbery. assault,and rape, aggravated crimessuch asmurder, violent werearrestedfor these youth offenses.Only15%violent of

PG. 97 n h r uth ut Yo Yo y k ite ublic Orde ropert iolent Wh Blac V P Other P .9% Hispanic s Asian Native America Unknown Forty-three of these 27

In Milwaukee % As of July 2006, there 21 25 20 17 7% 7% 7% Violent crime arrests for 17 eased 2004 e non-violent offenses 41% non-violent crimes re 2003 n youth incr year-old admission - 23% ca -year-olds ar pe 17 17 Ty 2002 In Milwaukee, “where prison terms are handed 18 isconsin we Youth of color Youth continued to be overrepresented rrest 24 - and A 23% an-Ameri 7% of all 16 001 2 13% ests for In 2003, 8 ests of Afric 2000 0 0 0 23 0 k to adult jails in W Arr 60 90 70 80 ite 1100 1000 Despite Wisconsin’s DMC Reduction Initiative, youth of color are still In 2005, Milwaukee waived 20 youth to adult court.

Blac Wh

26 19

s Number of violent crime arrest crime violent of Number % % % % % % 0% These increases are cause for concern and constitute possible evidence of racial increases are cause for concern and constitute These 38 24% 30 20 50 40 10 22 Majority of arr In 2002, the Governor’s Juvenile Justice Commission started the Disproportionate Minority Confinement Reduction Initiative to address Wisconsin’s juvenile justice system’s growing racial disparities. At that time, youth of color madeof up only 17.3% the youth population, but they accounted for of37% youth waived to adult courts and 52.5% of youth in adult lock-ups. in the number of youth waived to adult court in 2004; in some counties, youth of color were more than twice as likely to be waived as white youth. County, Wisconsin’s most populous county, of the 13 youth waived in 2004, only one was white. overrepresented in adult facilities.

Between 2000 and 2004, and overall crime arrests of white youth fell by 6.4% violent during this time, African-American However, white youth arrests decreased by 17%. almost 28% and overall arrests increased juvenile arrests for violent offences increased 13%. from the Justice Department has shown research disparities in policing practices. National races and their propensities toward no significant difference between youth of differing criminal behavior. all youth under age 18 were down almost 12% and property crimes were down 18%; overall there was a 8.9% decrease in all juvenile arrests in 2005, mirroring a 10-year trend of decreasing juvenile arrests. down on a daily basis to young men and women convicted of selling a gram or less of officialscocaine,” have cracked down on drug crimes in the last decade, prosecuting more people for non-violent drug offenses than the other 71 Wisconsin counties combined. were 46 youth age and 17 younger in adult prisons in Wisconsin. youth were male, and one out of every five youth in adult prisons was 16 years old or younger. Further, 15% of the youth held in adult prisons were arrested for non-violent offenses such as property and drug offenses. youth are increasing. in juvenile arrests, arrests of African-American Despite the decrease Compared to 2004, youth arrests for both violent and non-violent crimes were down in 2005. In 2004, there were more than 28,000 arrests of 17-year-olds in Wisconsin, but only 1.5% of these arrests were for violent index crimes. Crime and Arrests Reports. 2000-2004. 2000-2004. Reports. Arrests and Crime Source: Wisconsin Office of Justice Assistance. Justice of Office Wisconsin Source: these arrests were for violent index crimes. 28,000 arrests of 17-year-olds 28,000 arrests of 17-year-olds 1.5% of but only in Wisconsin, In 2004, there were more than

PG. 98 mother placedherina13-day inpatient program,butJanedidn’trespondtothetreatment. became depressed,andbegan drinkingexcessively. Sheneverwantedtobeathome.Her and theybegandating.Inthemiddle oftheprogram,Janestoppedattendingmeetings, two-month outpatientdrugprogram. While intheprogram,Janemetayoungman,Steve, To helpJanetreatherdepression andmarijuanause,Jane’smothergotheradmittedtoa family members. also gotintofightswithherbrotherbecauseshewasstealingmoneyfromhim andother uniform. Janecontinuedskippingschool andheracademicperformancesuffered.She she joinedthecheerleading squad,butshewaskicked offforsmokingacigarettein highschool offright, pass eighthgrade.Uponenteringninthgrade,inhopesofstarting Despite thisearlydelinquencyandherreportednegativeself-image, Janemanagedto for truancy, disorderlyconduct,trespassing,underagedrinking, andcigarettepossession. drinking alcoholandsmokingmarijuana.Shegotintotrouble with thelaw skipping school regularly, and hergradesbegantosuffer. When shewas14,Janestarted She wasonthehonorrolluntileighthgrade.Then shebefriendedanewcrowd,began Jane attendedCatholicschool andearnedgoodgrades,butshewaspicked onalot. currently facingjailtimeforfailingtopayback child support. alcoholic andcocaineaddictwhohasbeenjailedforanumberofmisdemeanors.Heis withherfatherwasoverthephone.Herisan her lifeJane’sonlyregularcontact Her working-class,Caucasianparentsdivorcedwhenshewasatoddlerandthroughout Jane, thefirst-borninherfamily, wasraisedbyhermotherinasmalltownWisconsin. Jane: RunningLate. LAWS BY WISCONSIN’S AFFECTED FAMILIES AND PEOPLE YOUNG but theyrepresentnearly70% ofyouthinadultprisons. youthpopulation, and African-Americans,non-whiteyouthconstitute15%ofthestate’s offenders inadultprisons2006. ofallyouthinWisconsinrepresent 38% adultprisonsand43%ofnon-violentjuvenile African-American youthmakeupjust10%ofWisconsin’s youthpopulation, Majority of arr of Majority 10 40 50 20 30 24% 24% 38 0% % % % % % % % Number of violent crime arrests Wh Blac 1000 1100 ite 80 70 90 60 Arr to adult jails in W in jails adult to k 0 0 0 0 2000 ests of Afric of ests In 2003, 8 2003, In ests for for ests 13% 2 001 16 7% of all all of 7% an-Ameri 23% A - and and - 28 rrest rrest isconsin we isconsin When combiningAsians,Latinos,NativeAmericans, 2002 Ty 17 17 pe -year-olds ar -year-olds ca 23% - year-old admission year-old n youth incr youth n 2003 re non-violent crimes non-violent 41% 29 e non-violent offenses non-violent e 2004 eased eased 7% 7% 7% 17 % %

27 Unknown America Native Asian s Hispanic .9% P Other P V Blac Wh iolent ropert ublic Orde ublic , receivingtickets 27 ite ite butthey k k y Yo Yo ut uth r h n 30 30 adult prisons and 43% of non- 38% of all youth in Wisconsin population, but they represented just 10% of Wisconsin’s youth African-American youth make up ofCorrections. Department Nikolay, Director, Robert Budget Source: Wisconsin prisons in 2006. violent juvenile offenders in adult

PG. 99 hurch hurch h the inmates were services also went unanswered. She was often cold at night, having only two sheets, services also went unanswered. She was often cold at night, having only two sheets, two thin blankets, and a thin mattress for sleeping. Every day for lunc served a bologna sandwich: Jane said the dinners were disgusting and that the jail was unsanitary. sentenced to time served. After spending 75 days between the jails, Jane was violation and her misdemeanor conviction will remain on her record. probation The John: Nowhere to go. He first came into contact with the with his family. At age 11, John moved to Wisconsin a juvenile justice system at 12, when he was arrested for driving without a license. As that result, he spent time in a juvenile detention facility and was placed on probation. At point, his parents had split up and neither was able to care for him, so he lived in various group homes for five years. Then, one day when she was late for school, Jane took her neighbor’s bike from their yard Jane took her neighbor’s one day when she was late for school, Then, and got a ride home she left the bike at school and used it to get to class. Later that day, her using the bicycle, called the police and from a friend. Her neighbors, who had seen It seemed as if the incident to her neighbor. when confronted, Jane was told to apologize “theft.” but then Jane’s probation officer found out about the would be settled informally, jailed in adult jail. Jane with a probation violation and she was police charged The days in two different jails. Jane was incident led to Jane being incarcerated for 75 This housed with adult women offenders where she had to try and avoid their negative there were no “good” books television, claiming she watched influences. Every day, to read in the jail. Although she attended Alcoholics Anonymous meetings and c Her request for mentalservices every week, Jane was not able to resume school. health in jail. She was later found guilty of the misdemeanor offense and was sentenced to probation and an ankle monitor. She later ended her relationship with Steve, who himself ended up in jail. After this run-in with the law, Jane returned to school, got a job at Burger King, and by the time she shehad turnedrepaired 17, her relationships with her mother and brother. She also began dating a young man whom she described as responsible. He held a steady job and encouraged her sobriety. Although she met her probation obligations, Jane said she did not take them seriously. Jane did try to get into a women’s issues group to help with her self-esteem and depression problems, but since she was 17, it took 10 months to get into this program. She was also supposed to go to anger management therapy and drug treatment. Jane, by her own account, was overcoming many of the issues she’d been facing. To get a fresh start, Jane moved in with her aunt to another small town in Wisconsin. While While Wisconsin. in start,town fresh small a another get to aunt her with in moved Jane To three After “negative crowd.” befriended another but again she attended school, there, she Jane’s school. skip and secret in man young a date to began she improvements, of months It was then that in with her mother. the home, and Jane moved back aunt made her leave their relationship. her ex-boyfriend, Steve, and the two resumed she reconnected with user and the two of them Steve was a drug as very “controlling.” Jane described Steve began to use ecstasyexperimented one to two times per week. She also pills at least medications, few times, snorted Attention Deficit Disorder a crack with cocaine, smoked smoked marijuana. smoked opium, and occasionally During this time, she took her mother’s car without permission. Her mother reported the theft to the police and Jane was arrested, charged as an adult, and spent the night At the sameAt the Jane dating. stopped and they different town to a Steve moved time, away from home. she frequently ran men, drink alcohol, and to date other young continued Jane being incarcerated for 75 75 for incarcerated being Jane jails. different two in days violation and she was jailed in in jailed was she and violation to led incident This jail. adult it to get to class. The police police The class. to get to it probation a with Jane charged school, Jane took her neighbor’s neighbor’s her took Jane school, used and yard their from bike One day when she was late for for late was she when day One

PG. 100 time. Uponenteringthejailat17, hewasplacedwitha25-year-old awaitingtrialforsexual disorderly conduct.Becauseof hispreviousarrest,hewassentencedtosixmonthsofjail At age17, afterbeingarrest-freefortwoyears,Jeffreywasarrested formisdemeanor adult. an his as in charged result being would arrests subsequent his that understand didn’t given he was but He issue. probation, the on testifying attorney his and attorney district the but only issue, the recalls on hearing short a remembers he – waived be to that choice felt his Jeffrey wasn’t it court. adult into waived case his have to moved attorney and district the possession with charged was He marijuana. with caught was Jeffrey 15 at old, home, years group a in While escalated. marijuana and alcohol of use mother’s his his of passing, and aunt his by rejected being of pain the dull to wanted he homes. Because group to homes foster from moved he so and out work not did That arrangement city. larger a in house aunt’s his to moved he released, was Jeffrey When his motherdied. using marijuana.Hewasplacedinanalcoholtreatmentcenterforayear attempt togethimservicesthroughthejuvenilecourt,hisparentshadarrestedfor Prior tohis15thbirthday, Jeffreyhadseveraljuvenilearrestsforminorinfractions.Inan and hasbattleddrugalcoholdependencesincehisearlyteens. diagnosed withchronic depressionandAttentionDeficitHyperactivityDisorder(ADHD) Hewasregularlyin troublefornotbeingabletositstillinclass.Hehasbeen disabilities. school child,people. Asanelementary Jeffreyattendedclassesforyouthwithemotional Jeffrey, a17-year-old whitemale,wasborninaWisconsin townoffewerthan2,000 Jeffrey: Searching forasafeplace. that serveadults. young menwhoarenoteligibleforservicesinthejuvenilejusticesystemorprograms programsinthecommunity,more subsidizedhousingandfoodassistance especiallyfor that youthlikehimselfneedadditionalsupportfromthecommunity John doesn’tbelievethat17-year-olds shouldbeautomaticallytriedasadultsandbelieves food. additional purchase could he so ”commissary” his on money put could that outside the on anyone have didn’t he and jail the in eat to enough getting not was he because hungry went often he addition, In lawyer. his reaching difficulty had He facility. the at courses educational attend didn’t he degree, equivalency school high his getting in interested was he Although sleeping. time daily his of most spent John trouble. any into get wouldn’t he so himself to keep to tried he says John him. than older were “cellies” his of All arrested, Johnwassenttothecountyjailagain,thistimeforsixmonths. date andthelocallawenforcementagencyputoutawarrantforhisarrest.Afterhewas documents notifyinghimofhisupcomingcourtdate.Asaresult,hemissed atarelative’shouse.Whilecounty jail,hewenttostay there,hedidn’treceivethecourt was placedinthelocalcountyjailandreleasednextday. Oncereleasedfromthe was wokenupbyapoliceofficerwhocharged himwithbreakingandentering.John place tosleep,Johnclimbedintoacarindowntownparkinglot.Afewhourslater One late,coldwinternight,Johndidn’thaveaplacetospendthenight.Seekingwarm he didnotpossessanidentificationcard,thefoodpantrywoulddistributetohim. have aschool identificationcard, andheneverwasabletogetadriver’slicense.Because access anygrouphomeplacements.Becausehestoppedattendingsc in thejuvenilejusticesystem.Asaresult,whenheneededplacetost John stoppedattendinghighschool at16,and17 hewasnolongereligibleforservices . Johnwouldliketosee ay, hecouldnot hool, hedidnot . Duringthatyear, , he of his upcoming court date. of hisupcomingcourt him notifying documents court the there, hedidn’treceive While at arelative’shouse. jail,hewenttostay the county After Johnwasreleasedfrom for sixmonths. jailagain,thistime the county was arrested,Johnsentto warrant forhisarrest.Afterhe enforcement agencyputouta law dateandthelocal court As aresult,hemissedhis

PG. 101 The The 32 Yet, during his Yet, 31 6, it will have to be , which analyzed the analyzed , which This report reviewed evidence- report This 37 35 33 What Works, Wisconsin Works, What However, he now believes it was a mistake. He sees However, 34 But since 1995, juvenile crime has been on the decline in both 36 Wisconsin and across the nation. In 2005, Assembly Bill 82 was introduced to the Wisconsin State the upper age of the juvenile court jurisdiction Legislature to change Wisconsin from adult court jurisdiction. Because AB years old, removing 17-year-olds from 16 to 17 82 failed to pass before the end of the legislative session in May 200 reintroduced in future sessions to remain on the legislative agenda. Office of Justice Assistance published Prior to the introduction of AB 82, the Wisconsin a report by the University of Wisconsin, effectiveness of youth programs in preventing crime. based prevention and juvenile offender programs to determine the most valuable and and providing youth with cost-effective programs for reducing crime, saving money, strongest empirical report concluded, “The the opportunity for a positive future. The that evidence of cost-effectiveness is for diversion programs and therapeutic interventions Today, the impact of these decade-old changes has caused some court officials to changes the impact of these decade-old Today, from Dane County, Assistant Garber, District Attorney Don Initially, rethink this approach. supported the legislation in 1995. it reduces their access to education and this legislation as harmful to youth because of their confidentiality rights. He believes because adult court proceedings strip them judges should retain the power to decide whether a youth should be prosecuted in the juvenile Jim Moeser, Garber is not alone in Dane County. juvenile or adult court. Mr. comments on the legislation, saying: “I think it was court administrator for Dane County, it was made, and there is more and more bad policy for the wrong reasons at the time evidence to assume it wasn’t good policy.” peaked in 1994,Juvenile crime in Wisconsin punitive legislative prompting the more agenda in 1996. WHAT ARE THEWHAT POLICY OPTIONS IN WISCONSIN? Between 1993 and 1994, violent crime arrests increased by 16%. youth for juvenile code reforms. did not support funding tenure, then-Governor Thompson change to commission a appoint to Thompson Governor caused crime rising over concern the waiver statutes. commission was assisted and supported by a number of juvenile This Racine officers of the court. Dennis Barry, court judges and prosecutors as well as 1995 of the County Circuit Court Judge and the chairman commission enacted by former court and the Legislature, continues to affirm that the adult Thompson Governor Tommy should have jurisdiction over 17-year-olds. felony assault. Jeffrey did succeed in getting a single cell, but he still does not receive alcohol or drug treatment nor does he attend any school classes. Jeffrey spends his entire day in his cell, sleeping for much of it. Although he is eligible for work release, he is unable to get a job. He is on a waitlist for a job within the jail and in the meantime has nothing to fill up his days. that. but knows that his arrest history will prevent the military, Jeffrey wanted to join court, as well as grief the drug treatment that was ordered by the He hopes to receive he wants a second chance, Although he the death of his mother. counseling to deal with with a felony record. for himself at 17 sees a very bleak future assault. talked cellmate The sexual assault about his intimidated was Jeffrey constantly. being assaulted cellmate and feared and demeanor of his by the size than by him. Rather for awaits new charges cellmate. Jeffrey now his struck to happen, Jeffrey wait for this assault. struck his cellmate. Jeffrey nowstruck awaits for felony new charges assaulted by him. Rather than wait for this to happen, Jeffrey the size and demeanor of his cellmate and feared being Jeffrey was intimidated by

PG. 102 • • • RECOMMENDATIONS WISCONSIN are available,17-year-olds couldbefoldedback intothejuvenilesystem. appropriate servicesforyouthinvolvedinthejuvenilejusticesystem.Oncethose solution wouldbetofindabetterfundingmechanism thatwouldensuredevelopmentally tostymieyouthcrimeandensurepublicsafety. Perhapsmeasures totake thebest of juvenilecourtjurisdictionto18,distractingthoseinvolvedfromfocusingonthebest impediment remainsunsolved,itwilldominatethedebatesurroundingraisingage spend peryouthif17-year-olds re-enterthejuvenilejusticesystem.Ifthisbudgetary arguethattheseprogramswillhaveevenlessmoneyto against changing thestatutes Unfortunately, budget doesnothaveextramoneytoallotthesefunds.Those thestate does nothaveenoughmoneytoadequatelyfundprogramsforitsyouthpopulation. juvenile justicepopulation.Today, despiteitsYouth Aidsfunds,thejuvenilejusticesystem declared theageofjuvenilecoutjurisdictionas17, theyremovedalargeportionoftheir whentheLegislature issuesareaconcern.In1996 be treatedasjuveniles,budgetary Although mosthumanservices’officialsandworkersagreethat17-year-olds should than oneofdespair. that“Wecommended thereport,saying needmoreofthishard-headedapproach,” rather investing inmoreresearch, evaluation, anddevelopmentfortheseprograms.The media made, providingagreaterbalancebetweenpreventionandinterventionprograms, put forthnumerousrecommendations,includingchanging howfundingdecisionsare provide arangeofintensiveservicesoverrelativelylongperiodstime. enhances public safety. public enhances also and release upon child the for life better a ensures This court. to return will youth a that likelihood the reduce greatly can programs rehabilitative other and Education staff. support youth qualified and trained by addressed be could issues these custody, in are they While problems. health mental from suffer youth incarcerated of number large a Furthermore, rates. recidivism on impact positive greatest the have successful deemed and evaluated been have that opportunities Rehabilitative and ensuretheyaredevelopmentallyappropriate. Expand servicesavailabletoyouth providedwithinthejuvenilecourt. servicesaswell thesafety rehabilitative the opportunitytobeplacedinjuvenilecourt,theyaredeniedaccessadequate youth inconflictwiththelawshouldbeplaced,notprosecutors.When youthlose who havebeentrainedtoevaluateculpability, arebestabletodeterminewherea ontheirbehavior a case-by-casebasisbyjudge.Juvenilecourtjudges, sanctions thatyouthbegiven thechance tobeevaluated fortheappropriate It isimportant can waivejurisdictionanddetermineappropriateplacementofyouth. Revise theJuvenileJusticeCodesothatonlyajuvenilecourtjudge programsforthisagegroup. not provideadequaterehabilitation Adultprisonsandjailsdo appropriateservices toensurerehabilitation. developmentally not demonstratethematurityofanadultwhenmakingdecisions.Y Research onadolescentbraindevelopmenthasshownthatadolescentsdo Return 17-year-olds tojuvenilecourtjurisdiction. 38

outh need ” The researchers

PG. 103 Crime http:// Wisconsin’s Wisconsin’s Wisconsin http://www. Available from Available Madison, WI: Author. Juvenile offenders and Madison, WI: University of What works, What Wisconsin: Washington, D.C.: Office of Washington, Madison, WI: Author. The Milwaukee Journal. The 2005 community survey. American Madison, WI: Author. Milwaukee Journal Sentinel. Crime and arrests reports 1994. Ibid. Justice Assistance. Office of Wisconsin Stanford, G. (2005, October 16). Good programs exist, contrary to myth. findarticles.com/p/articles/mi_qn4196/is_20051016/ai_ n15710395 Names have been changed to protect the individuals profiled. to protect the Names have been changed Ibid. waiver for certain a large groups constitute offenses. These who are tried as adults. portion of youth of Department Wisconsin Budget Director, Robert Nikolay, Corrections. Office of Justice Assistance. (2000-2004).Wisconsin and arrests reports. M. (2006). H. N., & Sickmund, Snyder, victims: 2006 national report. Prevention. http://ojjdp.ncjrs. Juvenile Justice and Delinquency org/ ojstatbb/nr2006/downloads/NR2006.pdf Office of Justice Assistance.2002. Wisconsin 3-year juvenile justice plan 2003-2005. Office of Justice Assistance.2005. Wisconsin 2006-2008 plan. Three-year Ibid. Department of Corrections. Wisconsin Department of Wisconsin Budget Director, Robert Nikolay, Corrections. Office of Justice Assistance.Statistical Wisconsin Analysis Center. http://oja.state.wi.us/ budget fails on Lisheron, M. (1995, 1). Thompson March juvenile issues, Doyle says. mi_qn4207/is_19950301/ www.findarticles.com/p/articles/ ai_n10187128 L. (2006, 9). Report: Juvenile system is Schuetz, March State Journal. http://www.madison.com/ broken. Wisconsin archives/read.php?ref=/wsj/2006/03/09/0603090044.php U.S. Census Bureau. from www.factfinder.census.gov Available Small, S. A., et al. (2005, June). science tells us about cost-effective programs for What juvenile delinquency prevention. Wisconsin–Madison. 34. 35. 36. 37. 38. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. Women Women Juvenile Washington, Washington, Preliminary 2003 adult New York, NY: New York, http://www.aclu. Hard hit: The growth Hard hit: The Madison, WI: Author. Treatment instead of Treatment Women in prison. Women Madison, WI: Author. Washington, DC: Strategies. Justice Washington, 2005. Available from http://wicourts.gov/ 2005. Available about/pubs/circuit/circuitstats.htm. However, this number does about/pubs/circuit/circuitstats.htm. However, who automatically fall under adult not include 17-year-olds subjected to mandatory court jurisdiction or youth under 17 of the imprisonment of women: 1977-2004. from www.wpaonline. Prison Association. Available Women’s org & Morton, D. (1994). Snell, T., DC: Bureau of Justice Statistics. December 20, Retrieved 2006, from www.ojp.usdoj.gov/bjs/pub/pdf/wopris.pdf Justice Assistance. Office of [2004].Wisconsin jail populations report. Ibid. Ibid. Justice Assistance. Office of (2006).Wisconsin 2005.crime and arrests in Wisconsin Greene, J., & and Pranis, K. (2006). prisons: A roadmap for sentencing and correctional policy reform in Wisconsin. State Circuit Court StatisticalWisconsin Reports. caseload summary American Civil Liberties Union (ACLU).American Civil Liberties Union (2006, May 2). suffer medical neglect and Prison Taycheedah at Wisconsin’s receive worse health care than men. mental org/prison/women/25405prs20060502.html Ibid. K. (2006).Frost, N., Greene, J., & Pranis, Wisconsin Office of Justice Assistance. Office of (2006).Wisconsin Madison, WI: Author. Wis. Stat. § 938.183Wis. (2006). Stat. § 938.18Wis. (2006). Stat. § 938.183Wis. (1)(a). Stat. § 938.183Wis. (2006). State Circuit Court StatisticalWisconsin Reports. Juvenile caseload summary 2005. http://wicourts.gov/about/pubs/ circuit/circuitstats.htm (2006). Stat. § 970.13(3m) Wis. of Justice to Wisconsin Letter from the U.S. Department of the Taycheedah Governor Jim Doyle Re: Investigation Correctional Institution. (2006, May 1). http://www.usdoj. gov/crt/split/documents/taycheedah_findlet_5-1-06.pdf Wis. Stat. § 938.02Wis. (2006). http://www.legis.state.wi.us/ statutes/stat0938.pdf Wis. Stat. § 938.209Wis. (2006). 13. 14. 15. 16. 17. 18. 19. 20. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. NOTES 1.

PG. 104