By Gianna Nitti, Public Interest Communications and State Campaigns Fellow

Recently, the US Bureau of Justice Statistics released its annual bulletin of Prisoners for 2016. Trends shown in the report provide hope for the youth population and advocates, with results showing a 58% decline for the number of imprisoned youth between 2009 and 2016 – from 2,279 to 956. Policy changes at the state and federal levels have led to a decline in crime and arrest rates, which positions states to be able to progress with reducing their youth incarceration rates in adult facilities.

By Rahim Buford, Organizer for the Child Defense Fund, The Campaign for the Fair Sentencing of Youth

I spend my days working to reform our justice system and volunteering in prisons and juvenile detention centers because my experience is similar to that of many youth who enter of justice system.

When I was 18, I was sentenced to life in prison, plus 20 years after I was convicted of felony murder. Despite the horror of that situation, my story neither begins nor ends with it.

 

By Xavier McElrath Bay, Youth Justice Advocate, The Campaign for Fair Sentencing of Youth

Today is special for me for several reasons.

For starters, I will have the honor of spending much of the day in a symposium at San Quentin State Prison in California. I especially look forward to sharing time with the members of KID C.A.T. (Creating Awareness Together), a group of individuals who were sentenced to life without parole when they were children. After years of incarceration, they created their own support group with a mission to organize acts of community service and goodwill.

During my first two visits to San Quentin earlier this year, I learned about the group’s past activities, which have included conducting food and hygiene product drives for the homeless, fundraising to sponsor youth involvement in community programs, raising awareness and money for cancer research, and folding hundreds of origami hearts for kids at Oakland’s Children’s Hospital. All these activities took place behind the walls of San Quentin and were facilitated by people once considered to be heartless, remorseless monsters as a result of the now-disproven “superpredator theory.”

 

 

Senator Rick Jones, Committee Chair

Judiciary Committee

Michigan State Senate

P.O. Box 30036

Lansing, MI 48909-7536

Re: In Support of HB 4947- HB 4966 – “Youth in Prison” Bill Package

 

Dear Chairman Jones and Members of the Senate Judiciary Committee:

The Campaign for Youth Justice strongly supports HB 4947 through HB 4966.  This comprehensive bill package will protect youth by raising the age of juvenile court jurisdiction, funding developmentally-appropriate rehabilitative services, and prohibiting the placement of youth in adult facilities where they are vulnerable to physical, sexual, and emotional abuse.  We encourage all members of the Senate Judiciary Committee to vote in favor of these bills, so the full Senate may put Michigan one step closer to positive youth justice reform.

The Campaign for Youth Justice is a national non-profit that supports state efforts to reduce and eventually eliminate the need to prosecute, sentence, and incarcerate youth in the adult criminal justice system.   As a result, we have seen the powerful impact of policies that raise the age of juvenile court jurisdiction, limit the use of juvenile transfer to the adult court, remove youth from adult facilities, and ensure that youth in adult facilities are safe from physical, sexual, and mental abuse.   Since our founding 10 years ago, 30 states have passed legislation to reduce the prosecution, sentencing, and incarceration of youth in the adult system.

On February 1st the Louisiana legislature released a report supporting the need for, and impact of, raising the age of juvenile court jurisdiction. This report was commissioned by the legislature through Resolution No. 73 in 2015 and completed by The Institute for Public Health and Justice  at the Louisiana State University’s Health Science Center. The ultimate recommendation of this comprehensive report is that Louisiana should raise the age of juvenile court jurisdiction to include 17 year old offenders. Louisiana remains one of nine states that fails to recognize that youth under 17 year olds should not be prosecuted automatically in the adult criminal justice system.
The three big findings that the report made are:
1) 17 year olds are developmentally different than adults and should be treated as such;
2) the Louisiana juvenile justice system has the capacity to manage and rehabilitate added 17 year old youth;
3) other state have found that raise the age impact has had substantially less of an impact on their systems than was predicted and Louisiana should be the same and may even have substantial fiscal savings

It further recommends that a five year comprehensive plan be developed to address a variety of issues specific to youth such as transition, community based interventions, services while in detention, and other ways to ensure that youth are rehabilitated and do not recidivate.

The report notes that the state of Louisiana has not reviewed the age of juvenile jurisdiction in more than 100 years. Due to the growth of the law, social science, and brain science it is important for Louisiana to raise the age to ensure that its juvenile justice system is not stuck in the past. “Louisiana’s successful juvenile justice reforms, and an overall decline in juvenile crime reflective of national trends, have opened up system capacity for raising the age that may not have previously existed.”
The report highlights current brain science on adolescents and specifically how 17 year olds are unable to consistently reason and make responsible decisions. Due to this increased awareness of how adolescent brains work, the courts, including the Supreme Court, have recognized that treating 17 year olds the same as adults is not appropriate. The data shows that 17 year olds are capable of change when rehabilitated and generally stop reoffending. Most delinquent behavior does not follow the youth into adulthood.

The effects of the adult system on youths are troubling because rates of juvenile recidivism rise when placed in adult facilities. Additionally, youth are subject to a variety of harms both physical and psychological when they are subject to adult courts and facilities. To address the issue of placing 17 year olds in adult facilities the report examined the capacity of existing juvenile facilities. The report found that on any given day only facilities are only 56% filled, “…it can be estimated that 258 beds could be available on any given day in Louisiana’s juvenile detention facilities.” The addition of 17 year olds would not cause the current facilities to be overburdened.
The Louisiana Center for Children’s Rights (LCCR) has been a vital advocate for Raise the Age Reform and helping shepherd a bill into law. Raise the Age Louisiana Act, SB 324 will ensure that 17 year olds are under the jurisdiction of the juvenile courts. LCCR has reported that, “polling by LSU shows that 66% of Louisianans – a majority of both parties – believe that 17-year-olds should be included in the juvenile justice system.” On March 15, Louisiana Governor John Bel Edwards has announced that he supports SB 324 and raising the age. Widespread support from Louisianans will ensure that legislators know that their constituencies want what is best both for communities and for adolescents, to raise the age.

For more information on how to get involved in Louisiana's reform efforts, follow us on Facebook and check out the links below:

LCCR

Full Text of SB 324

Report

By Anne-Lise Vray, Juvenile Justice Fellow

The year 2016 has started off very well for youth justice issues, as actions and movements throughout the country have raised hopes of a positive evolution towards reforming and ending the adultification of youth. On the national level, the most important step at the beginning of this year was taken by President Obama, who used his executive authority to end the use of solitary confinement for youth in the federal prison system. Almost at the same time, the U.S. Supreme Court ruled that its Miller v. Alabama decision, which found that a mandatory sentence of life without parole for juveniles is unconstitutional under the 8th Amendment, was retroactive.

At the state level too, great movement is underway, from California where Governor Brown officially showed his support for a sentencing reform referendum that would include ending direct file, to Wisconsin where a report recommending raising the age of juvenile jurisdiction has just been released. Legislation in Wisconsin to do just that is pending. Earlier this month, another report, authorized by the Louisiana legislature, analyzed the benefits of raising the age in Louisiana and advocated strongly in favor of doing so. Louisiana’s legislative session starts in mid-March.

Additionally, a lot of legislative action is already happening across the country, with the potential of improving the lives of thousands of kids. This week should be crucial for the future of key bills dealing with juvenile justice issues, starting on Wednesday in Missouri with a Senate Committee hearing on SB 618 and SB 684, two bills that would keep more kids out of adult facilities.

In Florida, a second hearing on SB 314 was held today, February 11^th. This bill would modify the direct file statutes to decrease the number of offenses in which a child can be direct filed in criminal court and create a reverse waiver mechanism. The bill was approved unanimously by the Committee today, after passing unanimously out of the Senate Criminal Justice Committee late last year. Today also, the conservative James Madison Institute released a report analyzing the long-term costs of the bill, and recommending that it be supported.

Additionally today, another hearing took place in Maryland on SB 243, a bill which would repeal laws that allow the automatic transfer of kids into the adult system. Finally, Michigan’s House Committee on Criminal Justice is expected to vote on a raise the age reform any day now.

Show your support, take action and be part of this movement of change. Together, we can create a better future for our children and a safer, fairer society.

Brittany Harwell, CFYJ Policy Fellow

Direct File occurs when a state has given the prosecutor power to file charges against a juvenile directly in adult criminal court. When a prosecutor exercises their discretion by choosing to file directly to adult criminal court they effectively override any juvenile or family court jurisdiction over a case. Direct file allows the prosecutor to hold all of the power in determining where to bring charges and what type of sentence a youth may receive if convicted.

Allowing the prosecutor to direct file is problematic because many prosecutors want to go for the most severe punishment and do not fully take into account important considerations for unique to each youth in the same way that a judge who could allow a transfer would consider.This lack of individual consideration is exacerbated by, “…wide variation among the States regarding criteria for direct file treatment, with some emphasizing offense categories, others the age of the juvenile involved, and still others the extent and seriousness of the juvenile’s offending history.” 

A majority of states do not allow their prosecutors direct file capabilities. This does not mean that a youth cannot be transferred to an adult court but rather that a judge considers several factors before allowing a transfer requested by the prosecutor. Youth can also be tried in adult criminal court through mandatory transfer. Mandatory transfer is not the same as direct file, mandatory transfer occurs when certain crimes have been deemed by statute to require a juvenile to be tried in adult court.

Some states that previously had a direct file systems chose to discontinue the practice because, “not only does direct file omit a disinterested arbiter for the child’s best interests, it plunges youngsters — and increasingly those charged with nonviolent crimes — into the much more punitive adult system.”
Additionally, it has been found that direct file has had little effect on violent juvenile crime. If these direct file capabilities of the prosecutor fail to affect juvenile crime then why are they needed in the first place?

Currently, 16 states still allow direct file while the rest of the country has moved away from the practice. The states that continue to allow prosecutors to direct file youth into adult court are: CA, MI, DC, FL, LA, GA, PA, MT, NE, OK, VT, WY, VA, AZ, AK, CO. Of the state that currently allow direct transfer both California and Florida lawmakers are considering a move towards a more equitable juvenile justice system by ending direct file. California has made progress towards creating a more just juvenile justice system over the last few years, but moving away from direct file ability will ensure that judges, not prosecutors are making transfer decisions for youth after a consideration of several different factors. In 2014, 393 juveniles were transferred to adult court in California and 1607 juveniles were transferred to adult court in Florida. These numbers include both judicial waiver and prosecutorial direct file but. A recent study from Human Rights Watch found at 98 percent of the juveniles who end up in adult court are there do to “direct file” of a prosecutor.This means that over 1500 children in one year alone would benefit from direct file reform in Florida.

The Council of State Governments (CSG) Justice Center has just released Reducing Recidivism and Improving Other Outcomes for Young Adults in the Juvenile and Adult Criminal Justice Systems, an issue brief designed to help state and local officials better support young adults in the juvenile and adult criminal justice systems. Research has shown that young adults ages 18 to 24 stand out as a distinct developmental group with heightened impulsive behavior, risk taking, and poor decision making; and many young adults are disconnected from school and work. These factors increase the odds that a young adult might come into contact with the justice system. Of course, the majority of young adults are not involved in any criminal activity, and those young adults who have committed a crime most often have committed a minor offense. Still, young adults drive a disproportionately large share of criminal justice activity and therefore should be an important focus of juvenile and adult justice systems alike. 

This issue brief describes young adults’ distinct needs and summaries the limited research available on what works to address these needs. In addition, recommendations are provided for steps that policymakers, juvenile and adult criminal justice agency leaders, researchers, and the field can take to improve outcomes for these young people. For more information about the brief or the CSG Justice Center’s work on young adults, please contact Emily Morgan at This email address is being protected from spambots. You need JavaScript enabled to view it..

 

The balloon launch at the end of a strenuous 200+ mile “Journey for Justice” bike ride across Missouri was symbolic as much as it was ceremonial.  Tracy Wade McClard launched Youth Justice Awareness Month (YJAM) in memory of her son, Jonathan, who took his life when he was incarcerated as an adult at age 17. Seven years later—YJAM has grown exponentially and Tracy’s fight to end the prosecution of youth as adults continues.  As the balloons released, so did the stories of the hundreds and thousands of youth who have been tried, sentenced and incarcerated in the adult criminal justice system.

 

Throughout October, youth, communities, advocates and policymakers from 23 states in 70 events have shared stories of youth in the adult criminal justice system, because the first step to change often begins with the power of a story. Stories this month culminated across four major themes—the adolescent brain, racial and ethnic disparities, solitary confinement, and family engagement.  Stories relayed through poetry, video, research, and art highlighted the need for change.

 

·         Dr. Abigail Baird from Vassar College shared the research on brain science, “We prohibit young people from engaging in a whole host of things because we feel that they lack the maturity to fully grasp the potential consequences of their actions. In spite of this, we support the idea that an adolescent who commits a violent act has somehow overcome the well-known cognitive and behavioral limitations of their age and should now, in the eyes of the court, been seen as an adult.”

 

·         A young man who has been incarcerated as an adult since he was 16 wrote : “In many ways, I was raised in the prison system. I first learned to shave in the county jail at 16, A 65-year old crack dealer showed me how. I learned to tie a tie at age 27, and my boss, a cool sergeant, showed me how it was done. I grew up in here, and I am fortunate that I was taken in by older guys who were positive people. It could have been worse for me, and for many children now entering our prisons, it is worse. “

 

·         Public defenders across the country shared stories of racial and ethnic disparities in the system, “My job is to fight for [them]. Little do they suspect that when I say fight, I don’t just mean the battle that is their case, but the larger war against racial injustice.”

 

·         Reverend Laura Downton called upon the stories of the 80-100,000 youth and adults housed in solitary confinement each day, “To address the moral crisis of solitary, we must affirm that there are no throw away people, and no throw away children. Where cycles of trauma persist, we need interventions that lead to restoration and life. Children should never be placed in solitary confinement. And our young people should not be subjected to confinement in jails and prisons designed for adults. We owe their future, the future God dreams for each of them, an opportunity to flourish.”

 

·        Family member, Keela Hailes, shared her story as a parent, “In my eyes, my son went from a sixteen-year-old-child to a thirty-year-old-man overnight, absent the completed brain development.  In his own eyes, he had no other choice but to go from a child to a man overnight to cope with his new surroundings.  He served out his sentence, came home and tried to be a productive member of society; however, two years later, he reoffended and was sent back to jail. I believe kids should be held accountable and am advocating for common sense measures that hold youth accountable and give them an opportunity to rehabilitate. Studies have shown us that this can, and should happen in the juvenile justice system.”

Stories prompt us to take action.

 

President Barack Obama signed a proclamation this month declaring October 'National Youth Justice Awareness Month' and called on Americans to "observe this month by getting involved in community efforts to support our youth, and by participating in appropriate ceremonies, activities, and programs."

 

Policy makers on every level joined his call—state governors also issued proclamations in support of YJAM—including Governor Gary Herbert of Utah and Governor Rick Snyder of Michigan.  So did Mayor Ashton Hayward of Pensacola, Florida .

 

Members in the US House of Representatives held a hearing on juvenile justice, and the US Senate saw the introduction of the Sentencing Reform and Corrections Act of 2015, a bill that would limit solitary confinement for youth in federal custody, allow for expungement of certain federal crimes committed as youth, and allow for sentencing review for youth sentenced in the federal system to life without parole.

 

States filed legislation this month to reduce the number of youth prosecuted as adults in Wisconsin (Assembly and Senate), Florida (House and Senate) and Michigan.

 

As we close out October, I leave you with the call to action from youth advocate, Morehouse Student, and formerly incarcerated youth, Alton Pitre, “As fellow caring human beings and advocates for justice, now is the time to challenge ourselves to get involved in this movement. We must use our personal stories and experiences to change the minds and hearts of those in power. Our children deserve to be treated like the children they are.”

This is poem written by an inmate named Curtis. He was 16 when he was charged as an adult, and was 22 when he wrote this. He is serving a 40 year sentence. Curtis wrote the poem earlier this year about being in solitary. As of this week, he is still in solitary. 

 

I was warned there’d be times like these

But nothing could’ve prepared me for Dr. Swartz

Who comes around once a week

Peeking in my cell like he knows me better than I know myself



I’ll bet he gets a kick out of seeing a 22 year old

Who has been locked away in a cell since he was 16

Who has 30 more to go if a blessing doesn’t come through this damn wall

That he’s been staring at for the past 6 hours



I often come to this wall to somewhat free my mind

Or to drown out my annoying cellie

Who can’t stop talking about his boring relationship with his girlfriend he can’t seem to stop fighting

Even though she calls the cops on him every time



Or sometimes when the lights go out and the prison raucous is done for the day

I guess to seek mental refuge from this place

Other times just to reflect on what life was like before 23 and 1

When it was cookouts, huggies and hamburgers



Yeah, that always brings a smile to my face

Lately that’s been the routine

I start reflecting and end up with this smile

Staring at this damn wall!

Then here comes this Dr. wanting to know why I’m sitting here smiling at the wall

I give him the usual “nothing”



But to be honest

I smile to keep from crying

 

 

 Illustration by JP Trostle