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Articles tagged with: State Trends

2015 State Legislative Sessions: An Update on Nationwide Juvenile Justice Reforms to Protect Youth from the Adult Criminal Justice System

Nicholas Bookout, CFYJ Fellow and Carmen Daugherty, Policy Director Tuesday, 11 August 2015 Posted in 2015, Federal Update

Nicholas Bookout, CFYJ Fellow and Carmen Daugherty, Policy Director

With the JJDPA reauthorization making it out of the Senate Judiciary, along with President Obama’s recent speech at the NAACP and subsequent prison visit, there is no question that juvenile justice reform has both the American Public and federal policymakers’ attention. While these steps towards federal juvenile justice reform are very exciting, it is also very important to acknowledge the reforms taking place nationwide in state legislatures.

This legislative session, legislation to protect youth from the adult criminal justice system was introduced in the form of 35 bills in 19 different states. To summarize the results of these bills:

  • 7 bills that the CFYJ supports passed!
  • 3 bills are still active in legislative sessions (3 in California).
  • 18 bills that were introduced but the legislative session ended before they were passed or voted down.
  • 6 bills that we supported died (5 in Florida, 1 in New York).
  • 1 bill that we opposed died (Delaware).

Very few bills were introduced that ran contrary to the movement to protect youth from the adult system. One of these few bills was introduced in Delaware. Senate Bill 12 would have required adults who possess a firearm, and were convicted of a violent crime at age 16 or 17, to receive a mandatory minimum sentence. However, this bill died in committee, signaling a victory for youth justice.

Most Recent Victories!

House Bill 3718 is an enormous victory for Illinois. Before passage of the law, children under the age of 18 can be automatically transferred to adult courts. This practice has very negatively impacted communities of color, with 99 percent of the youth arrested and transferred to adult court in Cook County between 2010 and 2012 being children of color. 90 percent of these cases were then pled guilty – often resulting in adult incarceration. However, House Bill 3718 requires a juvenile judge to review this transfer to determine the proper court for the child, taking into account the age, background, and individual circumstances of the child. With the signature of this bill, countless children would be saved from unnecessarily harsh sentences, and the physical, mental, and sexual abuse that often comes with adult incarceration as a youth.

In New Jersey, the Governor recently signed Senate Bill 2003. This bill includes numerous provisions that drastically improve juvenile justice in New Jersey. First, this bill increases the minimum age at which a youth can be tried as an adult from 14 to 15. Second, it   limits the transfer and incarceration of youth under the age of 18, instead of the current lower limit of 16, to only those committing the most serious and violent of crimes. Third, this bill makes it more difficult for youth to be transferred to adult court, as prosecutors must submit written analysis on the reasons for the transfer, which is then granted only at the discretion of a judge. Finally, this bill tightens restrictions on the use of solitary confinement for youth. These reforms would signal a positive move towards justice for New Jersey youth, while also improving physical and mental well-being.

Other Important Victories

In Louisiana, House Resolution 73 requests the Institute on Public Health and Justice to study the issue of raising the age of juvenile jurisdiction to include seventeen-year olds. Hopefully the results of this study will yield further legislation to protect children in one of the tougher states for youth justice.

Previously, the state of Maryland authorized a district court exercising criminal jurisdiction over a juvenile to order a child be held in a juvenile facility. With the passage House Bill 618, the law now mandates that the district court, when exercising criminal jurisdiction, orders a child be held at a juvenile facility, except under a few specific circumstances (bail, no capacity, security risk). Additionally, if the district court withholds a transfer to a secure juvenile facility on the basis of the child posing a risk to his or her own safety or the safety of others, the court must state on the record the reasons for finding such a risk. Because of the recent drop in juvenile crime rates, the juvenile facilities have the ability to accommodate more children without significantly impacting their expenditures. Therefore, this bill will reduce the number of children held pre-trial in adult facilities, without imposing increasing costs on the state of Maryland.

Texas, a state surprisingly making positive strides in youth justice reform, passed two bills protecting youth. In Texas, a juvenile may be waived by a juvenile court to be tried as an adult in a criminal court. Previously, this transfer could not be appealed until after a juvenile had been convicted or deferred. With the passage of Senate Bill 888, a juvenile has the right to appeal a juvenile court order that waives exclusive jurisdiction before adjudication. This legislation also mandates that the Supreme Court take up standards to accelerate the disposition of these appeals by the appellate court or the Texas Supreme Court. These appeals may be taken by or on behalf of the child. With the post-adjudication appeal process often taking years to complete, this streamlined process increases the efficiency of appeals, potentially saving the state of Texas countless resources. Meanwhile, juveniles facing charges will encounter a more just process capable of adequately accounting for the differences between juveniles and adults.

The second bill, Senate Bill 1630, first aims to reduce the number of Texas youth held in TJJD (Texas Juvenile Justice Department) facilities, especially those far from their families and communities. To do so, they are expanding the scope of juvenile probation, with this probation serving as an alternative to incarceration for low and medium risk youth.   This bill will keep low and medium risk children in Texas closer to home, likely decreasing recidivism and providing specialized services for the needs of youth.

Finally, Utah also undertook positive youth justice reform. Previously, a Utah district court held jurisdiction over any 16 year old that committed any sort of felony. With Senate Bill 167, this jurisdiction is now limited to about ten violent felonies. In addition, when the state petitions to have a juvenile transferred to a district court under the premise of an allegation of one of these felonies, the juvenile judge may exercise judgment on the transfer. The judge can now take into consideration the interests of the minor, the ability of different facilities (both adult and juvenile) to provide rehabilitative services, and the course of action best suited to reduce the risk posed to the public. Lastly, with SB 167, juveniles may not be shackled or otherwise restrained when appearing in court. Consequently, this bill will reduce the number of youth in Utah unnecessarily tried as adults, while also providing for more humane treatment of children and safeguards to keep them out of adult facilities.

Finally, in California, there are multiple reforms taking place. The California District Court of Appeals recently upheld Proposition 47, the Reduced Penalties for Some Crimes Initiative, which was approved in November 2014. As a result, non-violent, non-serious crimes in California must now be classified as a misdemeanor instead of a felony. Consequently, those sentenced under previous guidelines may be re-sentenced. Such ruling allows thousands of youth previously sentenced to unusually harsh penalties to appeal these decisions and leave incarceration.

Furthermore, Senate Bill 382 passed the California Senate and Assembly, and simply awaits concurrence on amendments. If signed by the governor and enacted, this bill would allow judges to consider more comprehensive information when granting a transfer waiver. By doing so, judges will have a greater opportunity to consider the rehabilitative capacity of a youth before subjecting that individual to adult court, its more austere consequences, and potential incarceration.

The Campaign for Youth Justice is incredibly excited about the passage and progress of these bills. With each piece of legislation passed, countless youth in these states are in one form or another protected from the horrors of being incarcerated with adults as a child. More of the United States’ children are kept out of harm’s way, and given a better chance to be rehabilitated, in lieu of being subjected to inhumane punishment.

While it is encouraging to see these positive steps taken, and CFYJ commends these states and all involved for passing such legislation, there is still so much more to be done – in these states and across the nation. With a per day average of 6,000 of America’s youth spending time in adult jails or prisons, these reforms are just the tip of the iceberg when it comes to the need to protect our nation’s youth. Until this number is zero, we must keep fighting to have children be treated by America’s criminal justice system as just that – children. 

NEW REPORT- State Trends: Updates from the 2013-2014 Legislative Session

Friday, 12 September 2014 Posted in 2014, Research & Policy

CFYJ released a new report today, State Trends: Updates from the 2013-2014 Legislative Session. The report takes a look at states that have, and are taking steps to remove children from the adult criminal justice system.

State Trends documents the continuation of four trends in justice reform efforts across the country to roll back transfer laws in the country, from arrest through sentencing. Building on efforts from the last decade, states continue to amend and eliminate harmful statutes and policies created in the 1990s that placed tens of thousands of youth in the adult criminal justice system. In 2014, advocacy, research, operative Prison Rape Elimination Act (PREA) regulations, and fiscal analysis assisted in the introduction of bills in nine states to remove youth from the adult criminal justice system and give youth an opportunity at more rehabilitative services.

An Appeal to End Trying Youth as Adults

Roger Ghatt and Samuel Wilkins Friday, 22 August 2014 Posted in 2014, Take Action Now

Protecting children is fundamental. Even youth who commit serious crimes deserve a chance at rehabilitation. The U.S. Supreme Court, the Centers for Disease Control and mental health experts stress the need for children, with their still-developing brains, impulsive nature, and increased vulnerability to negative influences, to be treated differently. Adult jails and prisons have insufficient educational opportunities, psychiatric services, vocational training, and other essential services in order to meet the needs of still developing youth.  Youth are also at an increased risk for sexual assault and suicide while in adult criminal justice facilities. That’s without mentioning the barriers to successfully reentering society like limited access to education, employment, housing, and democratic participation. Furthermore, studies overwhelmingly have shown that youth who do adult time are much more likely to reoffend, in comparison to those youth who are housed in the juvenile justice system or in their home communities. When youth are held accountable within a system that is age-appropriate and rehabilitative, research shows they generally outgrow their criminal behavior and become participating members of society. Are we really willing to define a teenager by his/her worst act and invest tens of thousands of dollars in making them a better criminal?

Maryland Adds Another Win for Youth Justice

Friday, 18 April 2014 Posted in 2014, Across the Country, Campaigns

Last week, Just Kids Partnership wrapped up its legislative session, passing two reforms that help youth charged as adults in Maryland. After a quick 90 day session, Maryland advocates built on the momentum from the 2013 legislative session, by getting two bills passed based on recommendations from the Task Force on Juvenile Court Jurisdiction which studied the issue of charging youth as adults in Maryland last year.

CFYJ and the National PTA: Dedicated to Juvenile Justice Reform

Carmen Daugherty Thursday, 20 March 2014 Posted in 2014, Uncategorised

The National Parent Teacher Association (PTA) held its annual legislative conference last week at which CFYJ presented on recent state trends in keeping youth out of the adult criminal justice system. We highlighted the work of over 20 states in their efforts to end the placement of youth in criminal courts, jails, and prisons. Additionally, CFYJ provided background on the Juvenile Justice and Delinquency Prevention Act (JJDPA) and shared recommendations to state-level PTA members on how to best advocate for JJDPA reauthorization and improve the current core requirements.

Liz Ryan receives Award in Leadership at NPJS Annual Symposium

Carmen Daugherty Wednesday, 30 October 2013 Posted in 2013, Uncategorised

 

Michael Jones and Liz Ryan

 

 

Liz Ryan receives Award in Leadership at NPJS Annual Symposium
 
On October 22nd, the Campaign’s own Liz Ryan received the James E. Gould Leadership and Vision Award at the 19th Annual National Partnership for Juvenile Services Symposium on Juvenile Services. During her speech, Liz stated, “We need to create some space for others to come forward. We believe in the capacity of young people to become successful and we need to model that ourselves.” “We want to create opportunities for more people in the field.”  
 
The award was created in honor and recognition of the late-James E. Gould, a veteran staff member from the U. S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP), who advocated for funding to support juvenile confinement training and technical assistance initiative. In addition to recognizing the great work of Liz, Mr. Josh Delaney from the Department of Justice and Ms. Teresa Abreu from Cook County, Illinois Juvenile Detention Center also received awards for their expertise and leadership in youth justice issues. “ 
 
Additionally, CFYJ presented at the Symposium to share new information and learn what was happening in the field. The Symposium was filled with outstanding speakers and provided an opportunity to build partnerships for enhanced service delivery. The Campaign focused its remarks on removing youth from adult jails and prisons and placing them into juvenile facilities. The Campaign shared its latest report State Trends and detailed how some states successfully removed youth from adult jails and prisons through legislative changes, county resolutions, and agreements between state jails and juvenile corrections. 
 
Congrats, Liz!




Trending Now: Youth Justice Reform

Carmen Daugherty Monday, 14 October 2013 Posted in 2013, Across the Country

Twitter users are familiar with Worldwide Trends--popular hashtags of the moment. Fashion aficionados know what’s trending for each season.  Trend analysis usually predicts what will happen in the future with consideration of the past. How do advocates, families, and youth make “youth justice” a trend? 

On October 10th, CFYJ will release State Trends Legislative Victories from 2011-2013 Removing Youth from the Adult Criminal Justice System which examines the accomplishments of states that enacted laws to keep kids out of the adult criminal justice system.  The trend is towards more humane and appropriate treatment of kids in the criminal justice system, yet there is still much work to be done in order to have a justice system that recognizes that kids are different and deserve a chance at rehabilitation over severe sanctions.

Why Federal Dollars Matter

Sunday, 13 October 2013 Posted in 2013, Across the Country

 
In celebration of Youth Justice Awareness Month, you have been hearing a lot about successful state efforts to keep kids out of the adult criminal justice system.   You’ve heard personal stories from the field like the one from Tracy McClard, the mom that started it all advocating for reform in Missouri.  You saw the State Trends report from Campaign for Youth Justice (CFYJ) that highlights positive developments in states like Colorado, Connecticut and Mississippi. 
 
But states are not the only arena for reform.  For nearly four decades, the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) has been supporting state efforts to build effective justice systems that keep youth out of adult jails and prisons, provide appropriate support for system-involved youth, and invest in strategies to prevent crime and reduce recidivism. 
 
Last month, on the 39th anniversary of the passage of this landmark law, I wrote about why JJDPA matters to the state efforts going on around the country and to the thousands of young people who come in contact with our justice system.  Strong federal policy, like the JJDPA, sets a standard for how system-involved youth should be treated and brings to bear resources to help states achieve that standard.  This helps create a more favorable climate for reform that advocates across the country can leverage. 
 
Whether you are a seasoned state advocate or a young person just starting out, you can use the JJDPA as the basis for advancing policies on the ground.  Whether you want to raise the age of juvenile court jurisdiction and keep more youth out of adult facilities, reduce racial disparities, or resource alternatives to the more costly and detrimental practices of detention and incarceration, support for these policies are reflected in the JJDPA.
 
What happens at the national level can and does influence what happens in states and communities across the country.  That’s why CFYJ along with other national and state coalition partners in the ACT4JJ Campaign continue to press Congress to reauthorize and adequately fund this important law. 


You can help.  As we all take the month of October to recognize the many advances in states across the country, we encourage you to take a few minutes to check out the JJDPA Matters Action Center and let your national leaders know  you support the JJDPA and related juvenile justice funding.  Let them know that federal policies and programs can be part of the solution for youth in your community. Let them know that the JJDPA matters to you.

Join us this week in continuing the conversation on youth justice issues, follow us on Facebook and Twitter using: 

 

#JJDPAmatters #YJAM #JUSTinvest #youthjustice

 

CFYJ Releases New Report - State Trends: Legislative Victories 2011-2013

Thursday, 10 October 2013 Posted in 2013, Across the Country

 

By Carmen Daugherty

 
 
State Trends documents the achievements of the past eight years in which twenty three states enacted forty pieces of legislation to reduce the prosecution of youth in adult criminal courts and end the placement of youth in adult jails and prisons. October is the perfect month to highlight these state victories by releasing our newest publication during Youth Justice Awareness Month.
 
State Trends documents the continuation of four trends in justice reform efforts across the country.  In the last eight years the following progress was made:

  • Trend 1: Eleven states (Colorado, Idaho, Indiana, Maine, Nevada, Hawaii, Virginia, Pennsylvania, Texas, Oregon and Ohio) have passed laws limiting states’ authority to house youth in adult jails and prisons.
  • Trend 2: Four states (Connecticut, Illinois, Mississippi, and Massachusetts) have expanded their juvenile court jurisdiction so that older youth who previously would be automatically tried as adults are not prosecuted in adult criminal court.
  • Trend 3: Twelve states (Arizona, Colorado, Connecticut, Delaware, Illinois, Nevada, Utah, Virginia, Washington, Ohio, Maryland and Nevada) have changed their transfer laws making it more likely that youth will stay in the juvenile justice system.
  • Trend 4: Eight states (California, Colorado, Georgia, Indiana, Texas, Missouri, Ohio, and Washington) have changed their mandatory minimum sentencing laws to take into account the developmental differences between youth and adults, allow for post-sentence review for youth facing juvenile life without parole or other sentencing reform for youth sentenced as adults.
The state victories reported are a testament to families, advocates, and youth demanding more from their policy makers, and policy makers demanding more accountability from the state courts and agencies responsible for handling youth justice issues. The last five years demonstrate what is possible when facts and data drive reform rather than eye catching headlines about youth crime. Kids are different and our state policy makers are finally recognizing this, and in turn enacting laws and policies that reflect this.
 
There is still so much more that can be done so please check out local YJAM events in your state by clicking here.
 

A Spotlight on Colorado’s Reform Efforts: A sneak peek into our upcoming State Trends Report

Jessica Sandoval Tuesday, 08 October 2013 Posted in 2013, Across the Country

During the second week of Youth Justice Awareness Month (YJAM) CFYJ will take a look back at the reform efforts that improve the lives of youth by decreasing the chances that they would come into contact with the adult criminal court.  Here at CFYJ our mission is just that, and we partner with state organizations, advocates, youth and families to launch and win state legislative campaigns for youth justice.

In the years at CFYJ, I have had the pleasure of working with many states to organize campaigns for juvenile justice reform to remove youth from adult court.  The work has been tedious, exciting, rewarding and challenging.  It is all worth it because we know from the research that youth in adult court are 34% more likely to recidivate at higher rates than those retained in the juvenile court.  At the Campaign for Youth Justice we have worked diligently to create our campaign model to be successful in states where there is interest in building grassroots campaigns.  We provide a myriad of technical assistance options to our partners such as, campaign planning, policy assistance, coalition building support, media assistance and training, hearing preparation, policy and political analysis.  We know that the research supports our mission and we believe after 8 years of state based campaign work that the trends emerging are not by accident. On October 10th, we will be releasing our latest State Trends report which examines the states who have in the past several years changed state policies to remove youth from the adult court.

Colorado is no stranger to these successes.  In 1993, I was living in Colorado when the state expanded their laws to prosecute youth more harshly.  It happened during a special legislative session to address a crime wave.  This effort was led by then District Attorney Bill Ritter.  Fifteen years later, in 2008 when the legislature passed a significant direct file reform bill, it was vetoed by Governor Ritter. It was tragic, but we were hopeful that with a new Governor coming into office we could do it again. 

In 2011, with families and youth, good data, media, an engaged coalition, and a skilled organizer we were ready to engage in a major campaign to end direct file.  Building community support, strong spokespeople and legislative champions were all priorities.  Our role in the campaign was to provide policy and media support as well as support the organizer of the Colorado campaign housed at the Colorado Juvenile Defender Coalition.  There were two major pieces of legislation introduced, House Bill 1139, a jail removal bill and House Bill 1271, the direct file reform bill.  HB 1139 was passed and signed into law in March 2012 helping to drive the energy needed to pass HB 1271.  The bill was hotly contested and debated.  On April 20, 2012 Governor Hickenlooper signed HB 1271 into law.  Victory!

Having been involved with this effort since 2009, I believe that the strong organizing effort with communities, youth and families, in addition to good data, incredible legislative champions and influential coalition members made this Colorado campaign a success. I was happy to have Colorado lead these efforts and I encourage other states to consider doing the same.  If you are a state that is considering doing a reform campaign I urge you to contact us.  We are happy to help!

To continue following other state reforms during the month of October, continue to visit CFYJ's blog and to engage in our social media campaign check us out on Facebook and Twitter using #statetrends #youthjustice #YJAM

In solidarity,

Jessica

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