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CONNECTICUT
Lawmakers change juvenile justice
guidelines
Youth advocates and lawmakers are celebrating the passage of several
reforms designed to better serve teens in the state's juvenile justice
system.
The reforms approved quietly during the 2005 legislative session
will substantially change the way courts handle adolescents.
A key bill involves how courts view 16- and 17-year-olds. Though
everyone 16 and older is handled in the adult court system, the new law
will allow judges to treat most teens as youthful offenders.
It's basically saying if you're 16 or 17, unless you do something
really bad, you don't have to worry about having an adult record. Even
if you're going to be punished, even if you go to jail, said Rep.
Michael Lawlor, D-East Haven, who leads the Judiciary Committee.
The change means an additional 900 teens a year will
likely qualify for the program. Currently, 3,500 teens are on probation
in the youthful offender program and 50 are incarcerated, according to
the legislature's Office of Fiscal Analysis.
The program wipes a teen's criminal record clean if he or she
successfully completes a sentence. That means high school students who
made mistakes like smoking marijuana or shoplifting won't be burdened
with criminal records for life, Lawlor said.
Teens who commit serious crimes such as murder or sexual assault
will not be eligible.
Connecticut, New York and North Carolina are the only states where teens
16 and older are treated as adults in court.
Judicial experts examined the feasibility of changing
Connecticut's age limit last year.
They concluded that older teens have different
psychological and emotional needs and that the spike in population would
overwhelm the juvenile system. But advocates say that 16- and
17-year-olds handled in the adult court system commit suicide more often
and are more likely to get in trouble again.
Fernando Muniz, executive director of the Connecticut Juvenile Justice
Alliance, said he hopes the bill is a stepping stone to moving 16- and
17-year-olds into the juvenile system.
Our age of adulthood in adult court is completely inconsistent with
about every other policy we have, Muniz said. The legislature has
restricted the way that 16-year-olds can drive because we can't trust
them to make good decisions. It's inconsistent.
Not everyone in the juvenile justice system supports the change.
Judge Michael Mack, the state's deputy chief court administrator, who
until recently was chief administrative judge for juvenile matters, said
lawmakers should have included more funding for counseling,
rehabilitation and other services that will be needed if more teens are
classified as youthful offenders.
I'm not saying this is a bad bill, I'm saying they've
missed an opportunity to make it a good bill, Mack said. The fact that
more kids may avail themselves of the youthful offender program on its
own is a good thing. But let's do something for them.
Another key bill changed the way judges can handle teens in trouble for
repeatedly missing school or running away. Lawmakers removed the option
of sending such teens to juvenile detention facilities for violating
court orders.
For example, a judge may order a teen to go to school or participate in
a certain type of treatment program.
Lawmakers say the change will keep teens out of juvenile detention if
they don't really need to be there, but Mack said he's concerned that
judges won't have a way to keep high-risk teens safe.
The bills passed in the final days of the legislative session and are on
their way to Gov. M. Jodi Rell.
The session also marked a critical turning point for
the embattled Connecticut Juvenile Training School.
Noreen Gillespie
11 June 2005
http://www.newsday.com/news/local/wire/connecticut/ny-bc-ct-xgr--juvenilejusti0611jun11,0,5261421.story?coll=ny-region-apconnecticut
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