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Mom Sees Hope in Juvenile Justice Reform

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Monday, September 8, 2014   

CHARLESTON, W. Va. - A governor's task force on West Virginia juvenile justice could bring badly needed progress on the issue, according to one mother involved in the process. Kathy Jo Smith of Barbour County was appointed to the group after her son served more than a year for trying to break into a neighbor's garage and steal a six-pack. She found out while most states' juvenile incarcerations are dropping dramatically, West Virginia's are rising. Smith says the system here offers few alternatives to locking away troubled kids.

"Really? Is the best option to send these kids to jail for status offenses, or truancy? Our kids are not that bad. There are better options. We just have to find them and bring them here," Smith says.

Governor Earl Ray Tomblin created the juvenile justice task force in July. It's aim is to write reform legislation for lawmakers to consider next year.

Smith says her 17-year-old son was waiting to get into a substance-abuse treatment program when he was caught trying to break into a neighbor's garage. She says he was scheduled for a hearing on that charge when roughhousing at school was, she says, misreported as a fight. He was taken away in handcuffs, because of a zero-tolerance policy at school. Smith says the problem is once he got in trouble, the juvenile justice system had no good way to handle it short of jail time.

"Yeah, my son has made mistakes," Smith says. "But I don't think it was in his best interest to be locked up for 13 months. They had to use what they had and what they had was incarceration."

According to the American Civil Liberties Union, West Virginia could reduce its juvenile incarceration rates and it's recidivism with programs that punish young offenders while keeping them with their families, in the community. The ACLU says those programs teach young offenders to be citizens, rather than teaching them to be criminals.

"We are the ones that know the child, and we know what's going on and we love them," says Smith. "Cutting us out of the picture does not help the child."

Smith says even if the families of juvenile offenders have problems, any good solution has to include them.


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