Thursday, April 25, 2013

Certified or Rehabilitated


I was up late watching T.V. and avoiding schoolwork last week when a Ken Burns documentary about The Central Park Five came on.  Although, these kids were eventually found to be innocent and only one served time in an adult prison (Rikers Island), it got me wondering about the treatment of juvenile offenders in Texas and whether or not they were housed with, and treated as adult offenders.
I found out that juvenile judges in Texas, can transfer youths 14 and older to adult criminal court in a process they call "certification," for trial and punishment of felony offenses.  This means that children can be transferred to these adult facilities before they have been found guilty.
 As an alternative to the certification process, these juveniles charged with violent and non-violent crimes can be placed with Texas Youth Commission with a determinate sentence, whereas a judge can consider the individual circumstances of the case and evaluate their progress at age 19.  The determinate sentence with the TYC ranges from 40 years to 10 years and provides the kids with rehabilitation programs and much needed educational opportunities.  After this period of evaluation and education the young adults can then be transferred to adult facilities or released.  This sounds ideal but guidelines need to be put in place for the certified juveniles that are then transferred to adult jails.
Most of these kids have committed violent crimes but 72% have no prior violent crime history.  They often come from lower socioeconomic backgrounds or abusive homes.   Many  lack supervision, mental health care and education but do have access to guns.  These kids need to have the opportunity for rehabilitation and they need protection from violent adult offenders.  In an attempt to separate certified juveniles from the adult population, many are put into solitary confinement and denied the use of services provided to other prisoners.  These kids are at high risk for suicide.  Research shows that youths in adult jails are 36 times more likely to commit suicide and 500 times more likely to be sexually abused and raped than if they were in a juvenile facility.
Sending juveniles to adult jails seems like a lose-lose situation to me.  Research done by the Center for Disease Control showed that "Transfer of juveniles to the adult criminal justice systems generally results in increased rather than decreased subsequent violence, compared with violence among juveniles retained in the juvenile justice system."  It seems counterproductive to send these kids who desperately need adult guidance to facilities where they are likely to be raped and abused by adults.
 Senate Bill 1209 was passed in September 2011 by the 82nd legislature which gives judges the option of sending certified youth to juvenile detention centers where they are housed with their peers and given the appropriate services, educational programs, and care they need.  This is progress but not enough is being done to protect these kids, some of which have not been convicted.  TDCJ needs to develop a standard procedure for dealing with the worst and most violent offenders vs. the ones who can be rehabilitated if given the opportunity.

2 comments:

GovtNewbie said...

A colleague, Kelley Jura-Myrick, wrote a very interesting blog article titled "Certified or Rehabilitated." It's about juvenile individuals that are entered in to the penal system. Some are offered a chance to be sent to a juvenile institution which allows them to be housed with individuals of their own age, and ultimately a chance at getting their life put together and one day be released as a grown adult -- a sort of second chance. However, others may be certified. This means that a judge has ruled that the individual will be tried as an adult rather than the juvenile that they are. A child, as young as 14 years of age, may be tried as an adult and ultimately sentenced to stay in prison with adults.

After reading the stats that Kelley brought to our attention in regards to the likelihood of a certified juvenile committing suicide or being abused by their fellow inmates, I took the time to dig a bit deeper. I came across various articles with further information on the treatment juveniles experience when sent to an adult prison. It quite literally almost brought me to tears. I understand that these crimes may be horrible, but think about the child's background. Have they had the proper chance at a life? Put them in a different environment. Provide them the proper education. If given a second chance, I'm sure that many of the kids can turn their life around for the better.

I don't know if I'm just soft hearted or even naive, but I generally believe the best in everyone, especially when it comes to our younger generation. It's the environment they grow up in, the people that surround them, their general lifestyle they come to know that generally leads them in to a path of destruction If given the opportunity to learn that there is more to life, something better... They are still young enough to turn their life around and learn from their mistakes.

"TDCJ needs to develop a standard procedure for dealing with the worst and most violent offenders vs. the ones who can be rehabilitated if given the opportunity."

Great point Kelley!

Brandon Boucher said...

I searched through my classmates blogs until I found a well written article on the blog Love and Tolerance in Texas by Kelly Jura-Myrick on the detention and rehabilitation (or lack thereof) of teenager in the state of Texas, you can check out the full article here. I both agree and disagree on several key points that Kelly makes in her article. The juvenile detention facilities not just state wide but more importantly nationwide are found in studies to be quite atrocious when compared to other countries juvenile facilities. However, I am under the impression that we are doing a lot of things wrong here, I am a firm believer in fair treatment, but also in a firm hand especially with our youth today. These are the kids that are going to be making the big decisions and leading the country when I get older so shouldn't I have a say in the way we interact with them on a state or federal level.

There aren't many kids that grow up in "the system" (I am not talking about strictly foster care here but ANY state run facilities) and come out of it with the experiences of a normal citizen. I agree that the detention of young juveniles with adult offenders is a serious mistake and for the health and safety of our juveniles should be avoided at all costs, but at what point do we stop calling these teenagers "kids" and start calling them adult offenders. I mean, we classify an underage teenager as someone who is under 18 years old, but aren't we making grown up decisions (maybe not the smartest) way before the age of 18? There are some kids, and I say kids as in before the teenage years, that are willing and able to be "rehabilitated" with the help of a firm hand and responsible adult guidance.

This is another point in which I agree with Kelly, the juveniles should be separated by magnitude of crimes and or juvenile history. I can tell you personally that it is possible to get into trouble as a teenager that isn't major but can land you somewhere without your parents and in the hands of the law scared and confused. I brook no arguments for teenagers who commit heinous crimes knowing full well that as teens we are able to make fully conscious decisions knowing the consequences early into our teenage years. I do believe that we need to clean up our juvenile facilities and work on rehabilitation of the less offensive cases. Maybe the older juvenile offenders can be given no other choice but to serve in the military or put to some other good use to society, state, and country. We all know that idle hands are breeding grounds for evil...so why not create a program that would give the juveniles something to do? Just a suggestion, but I digress, back to the main point I believe that the article written by Kelly was very informative and educational, plus it provided for good reading. Main point, do not give up on our juveniles, try to rehabilitate them and educate them while keeping them busy, and if that doesn't work....send them to the Marine Corps :).