Juvenile reform bills pass House panel
Sen. J.P. Morrell’s slate of bills to reform the juvenile justice system in Louisiana passed the House Committee on Criminal Justice Wednesday with no objections. The centerpiece of the bills, Senate Bill 324, would change the state’s policy of treating every 17- year-old as an adult.
The New Orleans Democrat previously expressed concerned about how the House would react to the bills. Legislators raised their own concerns about the measure’s cost, given the state’s current fiscal situation.
Chairman Sherman Mack, R-Albany, said he had an issue with passing an unfunded mandate, but was willing to work to address the issue before and on the House floor. Morrell noted the Senate amended the pricier bills to make the reforms more palatable, ostensibly for fiscally conservative Republicans in the House. Pete Adams with the Louisiana District Attorney’s Association said his organization would support the raise the age bill as long as the money shows up.
“What we’ve seen over the past eight years is that sufficient resources have not been provided for (the Office of Juvenile Justice),” Adams said. “If that’s not corrected, we’re setting ourselves up for failure.”
SB 324 requires those aged 17 and under convicted of most nonviolent crimes after July 1, 2018, to be kept in the juvenile system instead of the adult correctional facilities. After July 1, 2020, those 17 and under charged with any crime would default into the juvenile system. District Attorneys would retain the ability to charge the offender as an adult in the most serious of cases.
Morrell said the two-year phase-in period acts as a “rip cord” in case the legislature does not give the Office of Juvenile Justice enough funds to properly institute the reforms.
Senate Bill 301 requires the Office of Juvenile Justices to collect 26 data items on juvenile offenders and to store the data for five years to be used by courts in determining whether the juveniles are fit for the adult system, among other things.
Rep. Tony Bacala, R-Prairieville, raised concerns about how burdensome the requirements are and whether pre-adjudication information like arrest records are included, but did not object to the bill, which passed 36-1 in the Senate.
Joshua Perry with the Louisiana Center for Children’s Rights, who handled the majority of the testimony during the hearing, said Senate Bill 302 primarily does two things. First, every six months a juvenile offender must come back before a judge to ensure he or she is on track with their education in prison and adjusting well. Second, it ensures the juveniles get the proper legal representation do just that.
Perry said these measures are proven in other states to help reduce recidivism — the rate at which those who get out of prison re-offend. He noted reducing recidivism is estimated to have saved Connecticut tens of millions of dollars in housing and court costs.
Senate Bill 303 creates accountability measures for schools serving those in the juvenile justice system and reformats the system to meet the needs of those children. Perry noted juveniles in prison have higher rates of learning disabilities, called exceptionalities, and do not follow the traditional fall/spring semester schedule.
Morrell said bringing the prison learning in line with what the juveniles would learn in a normal class would increase graduation rates. He said students would be less likely to drop out because they would be less likely to fall behind.
The bills now move to the House, where a more substantial fight is expected.
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