16 and 17 year olds shouldn't be jailed with adults, advocates say
By John Pirro THE NEWS-TIMES
Joanne Davidson of Danbury had nowhere else to turn when her 17-yearold
heroin-addicted daughter began stealing from family and neighbors to
feed her habit.
Short-term rehab all the Davidsons' medical insurance would cover
had failed. So she and her husband made the gut-wrenching decision to
have their daughter arrested for taking their car. Their hope was the courts
would mandate enrollment in a long-term treatment program.
Weeks later, Joanne Davidson said her daughter, "a middle-class kid who is
not very street-wise at all," is in pretrial detention at an adult prison in
Niantic, the state's only facility for holding adolescent females.
Although her daughter is in a unit with other young offenders, Davidson said
they aren't kept away from adult prisoners at meal times and during
recreational periods.
With her husband too ill to work and Davidson holding down two jobs to pay
the bills, incarceration seemed like the best way to get their daughter off
drugs, Joanne Davidson said. "We had no other way to keep her safe, but we had no idea that this waswhat she was going into," Joanne Davidson said.
As unhappy as the Davidsons' situation is, at least it's possible their daughter could get
into a treatment program as her case moves through the court. For 16- and 17-year-old
offenders who have already been convicted, there is no such hope, said Abby Anderson of the
Connecticut Juvenile Justice Alliance.
Sixteen-year-olds aren't allowed to drive their cars between midnight and 5 a.m. Seventeen year-
olds are too young to vote, she said. So they shouldn't be incarcerated with older offenders for crimes that would have resulted in "slap-on-the wrist" penalties had they been committed by adults, according to Anderson. "People assume it's being tough on crime, but what you're doing is throwing these kids away," Anderson said. "Studies show that kids who are put into
the adult system re-offend quicker and more seriously."
For the second consecutive year, the Connecticut General Assembly is
considering a bill that would permit the courts to treat 16- and 17-year-olds
who are convicted of a variety of non-violent crimes as juvenile offenders.
The bill, proposed by Rep. Toni Walker, D-New Haven, would still allow
prosecution in Superior Court of teens accused of serious felonies, such as
armed robbery, rape and murder.
While Davidson realizes the bill isn't going to help her daughter, she said it
highlights the lack of adequate state facilities and programs to house young
offenders, especially girls. "This situation is horrendous. When people are looking for help, this is what they get," she said. Connecticut is one of only three states that still attempt to incarcerate
persons under age 18 as adults for minor offenses. The other two are New
York and North Carolina.
The Connecticut Juvenile Justice Alliance claims that each year, about
10,000 16-and 17-year-olds are prosecuted in Superior Court. About 80
percent are charged with crimes such as disorderly conduct, simple assault,
vandalism, drug abuse and driving under the influence. The remainder of
the offenses include burglary, motor vehicle theft, larceny and arson.
Some legal experts agree it makes no sense to treat these teens as adults.
"We've got all these different ages, but we don't have one cohesive notion
as to when a young person achieves an adult level of responsibility," said
Danbury attorney Scott Chamberlain. "Anyone who has a teenager knows
they don't possess an adult's responsibility, and there are now studies that
say their brains are wired differently than adults."
Until 1971, the state treated everyone under age 18 as a juvenile. Last year,
lawmakers took a first step back toward that practice by making 16-and 17-
year-olds eligible for youthful offender status in Superior Court. The law, which took effect Jan. 1, bars police from releasing the names of persons under 18 who are charged with crimes and provides for closed court hearings. The goal is to not to permanently ruin the reputations of
young people who commit crimes.
Judicial officials last year estimated that extending juvenile court treatment to those under 18 will cost the state millions of dollars a year and increase caseloads by 50 percent. But proponents said the plan ultimately will prove cost-effective. "It's always more expensive to do something than nothing," Anderson said. "But in the long run, it will be less expensive, because you're not creating as many lifetime criminals and you're helping more kids to become successful
members of society."
Chief State's Attorney Christopher Morano said he has many reservations about the bill, one being the juvenile justice system is already "grossly under-funded and understaffed." Increasing the workload by adding thousands of new cases to the mix would make the juvenile justice system even less effective, he said. "We are also seeing an upswing in violence in urban areas, and statistics show that people who are involved are younger than they have ever been. This isn't
an appropriate time to be creating more leniency," Morano said.
But Danbury Public Defender Robert Field said treating cases of all those
under 18 the same would allow the court system to function more efficiently.
"Right now, we have to clear the courtroom and seal the records when a
youth offender case comes up, and it delays the adult cases," Field said.
"If Connecticut handled them like other states, we wouldn't have those
delays, and it would seem things would go a lot smoother," he said.
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