SPRINGFIELD, Ill. — Claiming not to know that a car is stolen would no longer be a major factor in prosecuting suspected carjackers under a bill pending in Springfield. But its critics say the protection is crucial for many unknowing teens and passengers caught up in a bad situation.
Supporters, including Chicago Mayor Rahm Emmanuel, say too often, car thieves are charged with misdemeanor trespassing instead of a felony. Senate Bill 2339 would require checking to see if the person has the vehicle without the owner's consent. But it also requires detaining minors suspected of car theft, pending a psychological evaluation that could take up to 30 days.
State Representative Litesa Wallace, D-Rockford, said she's not even sure the state has the capacity to perform those assessments.
"Which will create the potential of a young person being in a county lock-up for far longer than they need to be, and without having been actually charged or convicted of a crime,” Wallace said.
Wallace said the focus should be on finding ways to fund community treatment programs, as studies show they are more successful in helping troubled juveniles than just sending them to detention centers.
In the course of 2017’s alarming rise in instances of armed carjacking in Chicago, more juveniles than adults were charged. Police say oftentimes adult gang members direct juvenile members to steal the cars.
Wallace said punishment should be applied on a case-by-case basis, instead of making it easier for unsuspecting young people to get caught up in the criminal justice system.
"The idea that even if you are in the car with a person who may have stolen the car, I think there needs to be proof that you are aware of that,” she said; “so that you, too, are not charged and detained for a long period of time."
Despite supporters claims that the bill would not enhance penalties, Wallace said she believes it does - even in car thefts that don't involve violence. She also points out that the bill allows only for the detention of minors, while adults suspected of similar crimes are free to bond out and await trial at home with their families.
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Efforts to keep young people out of the criminal justice system are working, according to a new Sentencing Project report.
Elie Zwiebel, attorney and executive director with the Transformative Justice Project of Colorado, said the vast majority of adolescents in the justice system - disproportionately children of color and other marginalized groups - have committed low-level, non-violent offenses.
He said programs that bring young people face to face with victims, and help them repair the harms they caused, send an important message.
"We are saying that we value keeping those young people in our neighborhoods," said Zwiebel, "because we recognize that they should have a chance to learn and grow, and to ensure that they can become pro-social beneficial members of their communities."
The report highlights a decade-long effort to increase diversion programs in Colorado. Today, half the state's court districts divert adolescents to restorative justice programs.
More than 90% complete the program, fewer than one in 10 commit a new offense, and 99% of victims reported being satisfied with the process.
Dick Mendel, senior research fellow for youth justice at The Sentencing Project and the report's author, said community-based programs also benefit taxpayers.
The average cost of locking up an adolescent is $588 a day, but it costs just $75 a day for programs with wraparound services.
"Diversion tends to be cheaper," said Mendel. "It's not a net cost, it's a net savings, even in the short term. And it's especially a net savings financially in the long term, because these young people are much less likely to come back."
The report challenges political rhetoric that only tough-on-crime policies can make communities safer.
Researchers found that being arrested in adolescence actually increases the likelihood of recidivism, and greatly reduces a child's chances for success in school and beyond.
Zwiebel said he believes it's time for a different approach.
"We have tried - as a nation, and as individual communities within our nation - to implement tough-on-crime policies for decades," said Zwiebel. "For decades we tried that, and it didn't work."
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A new report showed a decade after being passed, Kentucky's juvenile justice reform law is getting results.
It found 60% of juvenile cases were diverted to alternative programs in 2020, compared to 41% in 2013. Instead of being sent to in detention centers, kids in diversion programs participate in home supervision, group homes, foster care, community programs and wraparound services.
Richard Mendel, senior youth justice research fellow for The Sentencing Project, said the state has also made strides in reducing racial disparities among kids whose cases are diverted. He pointed out statewide coordinators work across counties to help youth and their families navigate the system and find alternatives to detention.
"Kentucky looked at this, the state, and they very quickly changed their process for notifying people," Mendel explained. "Instead of sending a form letter, they started calling and engaging the families, and explaining why it's better to keep your kid out of court."
According to the Kentucky Justice and Public Safety Cabinet, in 2022, 982 youths were placed in an alternative program. In the first half of last year, 726 were placed. A spokesperson for the Cabinet said the number is expected to continue to increase, year-over-year.
Mendel added the goals of alternative programs are to ensure the public remains safe and the young person is set on a positive life path to reduce the odds of reoffending in childhood or as an adult.
"Diversion tends to be cheaper," Mendel emphasized. "It's not a net cost, it's a net savings, even in the short term. And it's especially a net savings financially in the long term, because these young people are much less likely to come back."
Last year, Gov. Andy Beshear signed Senate Bill 162, which provides more than $25 million in funding for Department of Juvenile Justice staff salaries, transportation costs and expanded programming and diversion resources, such as residential psychiatric treatment for youth with severe mental health issues.
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A new report by national researchers says Iowa is making progress in reforming its juvenile justice system, and finding ways to steer kids away from crime - long term.
The state convened a task force last year to study youth crime diversion programs.
Senior Research Fellow for Youth Justice with The Sentencing Project, Dick Mendel, said Iowa is one of the states making progress on addressing juvenile justice issues, by focusing on ways to keep kids from being incarcerated - and maybe discouraging them from committing crimes in the first place.
"Diversion tends to be cheaper," said Mendel. "It's not a net cost, it's a net savings, even in the short term. And it's especially a net savings financially in the long term, because these young people are much less likely to come back."
Iowa has also implemented restorative justice programs, which engage young people in repairing the harm caused by their behavior. That can often mean face-to-face meetings with their victims.
The Sentencing Project report also shows that Black youth in Iowa tend to be arrested for disorderly conduct more than white youth by a factor of 8 to 1, despite comprising a much smaller percentage of the state's population.
Mendel said while Iowa and other U.S. states are starting to bolster diversion programs, the idea of finding ways to rehabilitate young people and keep them from offending again is not new.
"When you look at other nations, 75 to 80% of the young people who are identified as possibly being fit for prosecution, are diverted," said Mendel. "Other countries have seen this research, and they've responded."
Iowa, Florida, Georgia, Kansas and Utah now track results of their diversion programs, which Mendel sais helps those states to make them more effective.
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