{news} CT is one of just 3 states where the cut-off for juvenile court is 16

[David Bedell]

This is appalling if true.  (The other 2 states, I think, are New York and 
North Carolina.)

http://www.newhavenindependent.org/archives/2006/11/juvy_justice.php

Juvy Justice Crew Tries Again To "Raise The Age"

by Melinda Tuhus | November 20, 2006 09:14 AM


A year after failing to bring Connecticut in line with most other states in 
how treats teen-agers in trouble, lawmakers and advocates are promising to 
try again this coming year to keep kids out of adult jails.

That vow came Friday at a gathering at Gateway Community College, a forum 
similar to one held before the last state legislative session. It brought 
together legislators (like Mike Lawlor, on the left), grassroots activists 
(like Sally Joughin, on the right), educators, and other youth-serving 
organizations.

The room was packed for the breakfast meeting sponsored by the Connecticut 
Juvenile Justice Alliance. Legislative sponsors included State Rep. Toni 
Walker and State Rep. Mike Lawlor, vice chair of the General Assembly’s 
Judiciary Committee. They pushed last year to raise the age to 18 from 16 at 
which youth in Connecticut are treated as adults in the criminal justice 
system. The bill passed the Judiciary Committee but went no further.

Connecticut is one of just three states where the cut-off for juvenile 
status is 16, and, according to data from the federal Bureau of Justice 
Statistics, our little state leads the nation in the number of children 
under 18 in adult prisons and jails – 383 in 2005 – 71 percent of any other 
state. (Connecticut is the only state among the top six that lumps local 
jail inmates under 18 together with prison inmates, so it’s a little like 
comparing apples and oranges, but even then the numbers are shockingly 
high.)

The Alliance’s legislative agenda for next year is two-fold: raise the age 
for criminal status for juveniles, and keep children who have committed no 
crimes out of the juvenile justice system.

While the philosophy of the juvy system focuses on treatment and 
rehabilitation (at least in theory), the adult system focuses on punishment. 
But even the juvenile system is not where most of the kids currently in it 
should be, according to advocates. That’s because most of them have not 
committed any crime, but rather have exhibited behavior that is only illegal 
because of their age – things like skipping school, running away, being 
“beyond control” or defying school rules.

“We did those things as kids ourselves,” said Barbara Fair of People Against 
Injustice, a grassroots reform group. “Imagine if they locked us all up if 
we didn’t go to school or ran away from home.”

Last year the legislature did pass a law taking 16- and 17-year olds out of 
the criminal justice system who have been determined to come from a Family 
With Service Needs (FWSN). It goes into effect in October 2007, and is 
supposed to provide services to the youth and his/her family to resolve the 
underlying problems that led to the unacceptable behavior.

Critics of treating middle teens as juveniles say building new separate 
facilities and providing treatment will cost more; advocates counter that in 
the long run it will cost less, since more effective treatment will reduce 
recidivism, thus lowering the number of people in the system.

State Rep. Richard Roy (pictured, behind New Haven Assistant Police Chief 
Herman Badger) said that with the explosion of deadly youth violence this 
past summer, that the proposed changes could give the impression of coddling 
wrong-doers.

“How do we address the perception that the youth are running amuck and we’re 
saying, ‘Let’s not send them to jail,’ when a good number of my constituents 
say, ‘Put ‘em away and keep ‘em away. Don’t put ‘em back on the street.’?”

Abby Anderson (pictured), senior policy fellow with the alliance, answered 
that last year in the state, 10,000 16- and 17-year-olds were arrested, 95 
percent for nonviolent, minor offenses. Yet all went to the adult criminal 
court; studies show that youth treated as adults are more likely to 
re-offend and more likely to turn to more serious crime than young people 
handled through the juvenile system. The goal of the alliance is to move the 
vast majority out of the criminal system while keeping that small minority 
of violent offenders in the adult criminal system.

But that didn’t sit well with Sally Joughin, also of People Against 
Injustice. She said if advocates of the reforms argue that children’s brains 
are different from those of adults, that also applies to the violent 
youthful offenders.

“Just because a youth does a violent crime, they don’t become an adult 
either, so is it just a tactic on the part of the alliance to exclude those 
who do more serious crimes from the legislation so you can get something 
done for the majority of people? Because I don’t feel like violent youthful 
offenders should be in with adult criminals either.”

Hector Glynn, executive director of the alliance, answered, “If we’re 
successful with the 16- and 17-year olds who aren’t violent, then I think 
the argument can be made [about violent offenders], but I don’t think the 
state’s ready and I don’t think most people are ready to do things blindly. 
We want to make sure we’re doing things for kids and the entire community.”

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