Coalition calls on legislature to raise age for adult prosecution

11th April 2016   ·   0 Comments

By Prescotte Stokes, III
Contributing Writer

The steps of the Louisiana state capitol served as a backdrop for the Louisiana Youth Justice Coalition last Wednesday (April 6) as they pushed state legislators to include 17-year-olds in the juvenile justice system and not charge them as adults. Currently in Louisiana, a 17-year-old who commits a crime can be charged, jailed and imprisoned as an adult.

The Coalition is comprised of more than 60 organizations from around the state. They released a 46-page report titled “Raise The Age” stating that Louisiana is one of only nine states across the nation consistently prosecuting 17-year-olds as adults. Rachel Gassert, Policy Director for the Louisiana Center for Children’s Rights wrote the report on behalf of the Coalition and says the practice affects more than 6,000 youths each year.

“A very small percentage of those ever end up being incarcerated or have their cases go deeply into the criminal justice system,” said Gassert.

The report points out that even if 17-year-olds are not convicted, the arrest is still made public record, which could hinder them from enlisting in the military, obtaining student loans or participating in certain certification programs.

“If someone wants to hire that person or they are applying for educational programs, that’s all out there,” said Gassert. “It could prevent them from getting a job or furthering their education.”

The push by the Coalition has led to powerful state leaders lending their support. Senator J.P. Morrell, D-New Orleans, is pushing the Raise The Age Louisiana Act (SB 324) as part of Governor John Bel Edwards’ legislative package for 2016. Gassert says the Governor said a few words supporting the bill at the press conference.

“He was very excited to support this effort and speak at the press conference, and I think there are lawmakers in the state that think this is a smart solution for Louisiana,” said Gassert.

The Governor and other state lawmakers joined more than 300 Orleans Parish students and their parents at the state capitol as part of the first annual Youth Justice Day in Louisiana. Following the presentation in front of the capitol building the students marched inside to lobby state lawmakers about SB 324 as this year’s legislative session began.

For many of the students like 18-year-old Jasmine Jeff and 17-year-old Carlos Wilson, both seniors from Sci High Academy in Eastern New Orleans, it was their first act of civic engagement.

“It was exciting talking to people and having so many prominent people supporting us,” said Jeff.

Wilson said the excitement and energy was high among the students and state lawmakers.

“I feel like our voices were really heard today and we have big supporters like the governor on our side,” said Wilson. “I think we really got our point across.”

Both have plans on studying criminal justice next fall in college. They gave a brief speech on the steps of capitol about the importance of the bill.

“In my speech I talked about how just a year ago I wanted to adopt a dog but couldn’t because I wasn’t 18 yet,” said Jeff. “I think it’s unfair to know that at 17 I couldn’t get myself a dog but I could have been arrested and charged as an adult.”

Gassert says the point Jeff made in her speech can be corrected in Louisiana if they follow proven implementation plans that states like Connecticut and Illinois have used. Both states have raised the age limit and seen a sharp drop in juvenile arrests and reducing their state’s expenditures on the juvenile justice system.

“This has only been successful,” Gassert said. “There hasn’t been a single state that has tried to do this and seen it as costly or something that the juvenile justice system could not handle.”

In Connecticut, from 2010-2012 they implemented a plan to include 17-year-olds in the juvenile justice system. The state saw juvenile arrests drop 37 percent over that time span. In Illinois, their plan began its first phase in 2010 by raising the age for youths charged with misdemeanors. That triggered a 24 percent drop in arrests. By the end of 2014, the number of youths in state facilities in Illinois fell 35 percent, leading to the closing of one detention center and two youth prisons freeing up cash for the state.

“Implementation has been easier and cheaper than anticipated,” said Gassert.

With Louisiana facing an alarming budget crisis this legislative session, a cost effective plan may help the bill gain support. The report states that it would be cost effective for Louisiana jails by reducing their need to meet the compliances laid out by the federal Prison Rape Elimination Act.

Although the state defines 17-year-olds as adults for the purpose of criminal prosecution, under PREA no youth under the age of 18 may participate in programs, move around correctional facilities or be housed with adults. The report reasons that complying with PREA poses a liability to local sheriffs’ offices and the Department of Corrections if the requirements are not met.

The report says that in September of 2015, on any given day, an average of 23 youths under 18 sat in jail in three of Louisiana’s largest jurisdictions. During that surveying period, Orleans Parish had 31 youths, 23 in Jefferson Parish and 18 in Caddo Parish.

“There are cells that can’t be used because you’ve got to restrict an entire area to just a few kids under 18 or dedicating staff solely to a handful of kids,” said Gassert.

The report goes on to say that including a better screening process, avoiding unnecessary imprisonment and reducing the use of secure detention is a way to help youths get on the right track and contribute to the workforce. Juvenile offenders in Louisiana are offered educational and vocational training in juvenile detention centers.

“If a child learns those skills in a juvenile facility, when they leave that facility there isn’t a public record following them preventing them from getting a job where they can use those skills,” said Gassert.

This article originally published in the April 11, 2016 print edition of The Louisiana Weekly newspaper.