Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, October 6, 1995 TAG: 9510060068
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE: RICHMOND LENGTH: Long
Automatically trying violent offenders 14 and older as adults, opening juvenile court proceedings to the public, and creating military-style discipline in juvenile correctional centers were among the recommendations in the report, which was passed unanimously by Allen's Commission on Juvenile Justice Reform.
The commission will hold a series of public hearings throughout the state - including one in Roanoke City Council chambers at 7 p.m. Oct. 24 - before making final recommendations in December to the 1996 General Assembly.
Citing a 277 percent increase in murders committed by juveniles since 1980 and a 21 percent increase in the overall juvenile crime rate during the same period, Allen said it is time to rethink the "misguided compassion" of a justice system that does not hold young offenders accountable.
"Many juveniles get a second or third or even a fourth chance to kill and rape and maim," Allen told the commission. "We have to send a message to these young thugs that there aren't going to be any more free passes."
Virginia recently lowered the minimum age at which a youth can be tried as an adult from 15 to 14, but left the decision in specific cases to juvenile court judges. Allen's commission wants to make adult trials mandatory for any youth, 14 or older, charged with offenses outlined in the state's "three strikes and you're out" legislation, such as murder, rape and robbery.
The commission also is considering giving prosecutors the power to seek adult trials for youths younger than 14 who are charged with serious crimes.
Critics, however, said there is no evidence that trying young criminals as adults reduces recidivism.
"It is just total nonsense," said Jerome Miller, president of the National Center on Institutions and Alternatives in Alexandria. Putting young offenders in adult prisons will "only make more kids into criminals, and victimize a lot of people," Miller said.
Miller, whose group is devoted to exploring ways to reduce crime by prevention and treatment, called Allen's proposal a "brutal, vicious, horrific plan."
But under the preliminary plan adopted Thursday, young offenders sentenced as adults would be sent to special facilities operated by the Department of Corrections in an effort to keep them away from older, more hardened inmates.
Currently, youths who remain in the juvenile courts are sent to correctional centers operated by the Department of Youth and Family Services, where the average sentence for first-degree murder last year was just 5.8 years, according to statistics presented Thursday to the commission.
Youths convicted of rape serve less than three years, the study showed, and the average sentence for robbery was 1.4 years. "If they commit adult crimes, they should serve adult time," said Attorney General Jim Gilmore, who heads the governor's commission.
By transferring the worst juvenile offenders to adult courts, Allen said, counselors and teachers in the juvenile correctional centers will have a better opportunity to reform other youths who still have a chance to "get back on the right track."
The commission also is proposing that juvenile court proceedings, which are currently secret under state law, be open to the public.
Gilmore cited cases in which relatives of murder victims were unable to attend hearings in juvenile courts, and had difficulty afterward in learning what happened.
"Secrecy has no place in the courtroom," he said. "No one should have more of a right to know what happens in court than the victim or the victim's relatives."
"Equally bad," the report stated, "secret proceedings shield the entire juvenile system from public scrutiny and accountability."
Gilmore stressed Thursday that the report is still preliminary, and that changes likely will be made after the public hearings are held. A final report is due out in December, about the same time that a second commission, headed by Del. Jerrauld Jones, D-Norfolk, is expected to make its recommendations.
Jones' commission, which was appointed by the Democrat-controlled General Assembly, is focusing more on treatment and prevention issues, such as combating truancy and establishing more community-based programs for first-time offenders.
Other proposals recommended by Gilmore's commission include:
Rewriting the law that outlines the basic philosophy of juvenile courts, making public safety the main priority, instead of "the welfare of the child" as currently written.
Making boot camp programs a sentencing option for juvenile judges and creating a more highly structured environment in the juvenile correctional centers, which includes military-style discipline.
Starting a program for juvenile first-time offenders that includes before- and after-school supervision, along with other treatment, in addition to the students' regular school placement.
Creating regional alternative education programs for students who disrupt classrooms or cause other problems in school.
by CNB