Colorado lawmakers are considering a bill that would raise the minimum age for prosecuting children for crimes from 10 to 13 years old, except in cases involving sexual assault or homicide.
House Bill 1131 cleared the Judiciary Committee last week, and is under review by Appropriations.
Elise Logemann, youth policy counsel with the American Civil Liberties Union of Colorado, said when children are handcuffed, arrested, fingerprinted and locked up, the trauma they experience creates a host of long-term negative impacts.
"If a child is detained, that process can actually increase their chances of being incarcerated in the future by up to 41%," said Logemann. "Younger children under age 13 are at a higher risk of being victims of violence or sexual abuse while they are incarcerated."
They also are less likely to graduate from high school and find employment later in life.
The Denver Post reports that last year, more than 500 children between 10 and 12 years old were charged with crimes in Colorado's juvenile courts. Black children and other kids of color are disproportionately incarcerated.
Logemann pointed to years of data showing that "scared straight" strategies - the notion that kids experiencing jail will get their act together - are misguided.
Most parents have seen firsthand how punishments don't always lead to improved behavior, and Logemann said the main reason is because the frontal lobe of children's brains haven't fully developed yet.
"And that piece of the brain, which doesn't develop until we are in our early 20s, is the piece of our brain that puts that logic in place, so that we can not follow our impulses," said Logemann. "We can consider what the consequence is going to be, and then we can make a rational decision. Kids just aren't able to do that."
Some critics of the measure argue that the court system is a tool to help struggling kids access programs and treatment.
Logemann said there are better ways to help kids - through schools, child welfare assistance, behavioral health care, and other community services - that don't lead to life-long interactions with the criminal justice system.
"And there are existing ways to refer the kids to these services," said Logemann. "And the services exist, they don't have to be created. We just have to be creative about getting kids to the services through a different path."
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A Missouri children's advocate is urging the justice system to focus on healing for youths, noting trauma and broken relationships often drive their actions.
Research shows Missouri has seen fluctuating juvenile delinquency rates, with urban areas such as St. Louis and Springfield facing rising youth crime. The St. Louis Police Department reported a 57% increase in juvenile shooting incidents so far this year compared with 2024.
Alex Lecure, board president for the group Advocating For Children in Crisis and Transition, has fostered numerous at-risk teens. He emphasized people who have been hurt, hurt people.
"The response to that can't be, 'Here's the rules, and if you don't follow those, then there's going to be consequences.' It needs to be done to the context of a relationship," Lecure explained. "There's a lack of connection and positive connection in their lives."
Lecure acknowledged youths must face consequences for their actions but stressed rules without relationships lead to rebellion.
Statistics show exposure to childhood violence is associated with a 40% increase in violent behavior during adolescence, as well as struggles with mental health issues such as anxiety, depression and post-traumatic stress disorder later in life. Lecure highlighted a common thread seen in delinquent youths.
"The common thread of trauma that we see across many if not most delinquent youths is just absent parent, for whatever reason," Lecure noted. "Either, maybe Dad's not there and Mom's working two jobs and doesn't have the time of day, but not getting that solid foundation connection from your parents is a trauma on its own."
Lecure stressed the need for the juvenile justice system to address broken connections in youths' lives by restoring relationships or fostering new ones.
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A recent report is highlighting the need for a complete overhaul of the Illinois juvenile justice system. It called for a renewed rehabilitative focus while prioritizing the rights, needs and safety of children, which it argued is sorely lacking across the board.
The report by the Illinois Juvenile Justice Initiative found the majority of juvenile detention centers fail to meet even basic standards to keep children safe, which has opened counties up to lawsuits.
Katherine Buchanan, a consultant for the Illinois Juvenile Justice Initiative and the report's author, said the current state-subsidized, county-run model incentivizes the jailing of children and does not provide an ultimate authority on oversight, begging the question of why and how the state jails children.
"The timing is right to really look at when and why children are detained, and how we can really focus the use of detention on those most critical cases," Buchanan contended.
Buchanan pointed out research shows any length of detention has a poor outcome for children, especially those of color, and unnecessarily costs the state tens of millions of dollars each year.
The report found gaps across all centers in behavioral services and education, disciplinary actions and the use of solitary confinement. Overall, children of color are disproportionately impacted, coming into contact with the legal system at much higher rates than their white peers, even when they commit the same offenses.
Buchanan explained how childhood trauma increases the risk of delinquency in adolescents, and detention only serves to retraumatize an already at-risk population while compounding long-term consequences.
"Even short periods in detention can harm children in terms of their educational attainment, their ability to reengage in school, their mental health and also in terms of their long-term future earnings," Buchanan outlined.
The report called for legislation prioritizing community-based efforts and using detention as a last resort. A new bill was introduced last month to initiate efforts for juvenile justice reform across the state and largely mirrors the suggested solutions outlined in the report.
Disclosure: The Juvenile Justice Initiative contributes to our fund for reporting on Children's Issues, Civic Engagement, Criminal Justice, and Juvenile Justice. If you would like to help support news in the public interest,
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Several bills working their way through the Washington Legislature focus on reforming the state's juvenile legal system, including one known as the Youth Hope Act.
The Act would give eligible young offenders transitioning from juvenile detention to adult correctional facilities a chance to petition a board for early release.
Diego Gonzalez attends Seattle University, and is on the Youth Advisory Board for TeamChild, a nonprofit organization backing the Act. He said young offenders deserve a second chance.
"That's basically what this bill's just trying to do," said Gonzalez. "It's trying to let somebody grow and live past the worst thing they've done as a youth."
Critics of the Act are concerned about the risks of releasing offenders too soon.
Research shows youth incarceration most often increases reoffending rates, while impeding young people's educational and career success.
The Youth Hope Act is currently in the Senate Ways and Means Committee.
For serious crimes, children under 18 in Washington may be tried as adults and face 20 to 30 years in custody.
Arthur Longworth is a policy manager at TeamChild. He said Washington's determinate juvenile sentencing system does not leave room for youth to be rehabilitated.
"Judges are basically handcuffed," said Longworth. "They have to follow a guideline matrix for what a young person is sentenced to without considering circumstances too much."
Gonzalez got involved with TeamChild after his friend, Sunshine Timmons, was sentenced to 20 years for a crime she committed at 17. Timmons is now in the custody of the Department of Corrections.
Gonzalez said he believes she grew in Juvenile Rehabilitation - and given a chance, could be doing good work in her community.
"But instead, they were forced to go to DOC," said Gonzalez. "And it's a bad place, that does not help the people there."
About 50,000 youth are in confinement in the United States. That number is 60% lower than 25 years ago, thanks in part to growing awareness of the negative impacts of incarceration on young people.
Disclosure: TeamChild contributes to our fund for reporting on Criminal Justice, Education, Youth Issues. If you would like to help support news in the public interest,
click here.
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