Reduce Disproportionate Minority
Involvement in the Court System
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- Establish statutory diversion program eligibility
criteria that eliminates the existing racial disparity in
access to and participation in diversion programs by
minority children.
- Require that before a child pleads guilty or no contest,
the child is represented by an attorney and has had a
meaningful opportunity to discuss with an attorney the
life-long direct and collateral consequences of taking a
plea.
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Establish Judicial Oversight of
Transfers to Adult Courts
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- Eliminate unilateral prosecutorial transfers of children
in adult court.
- Require criminal court judges to consider alternative
juvenile sanctions for juveniles in the adult system.
- Allow criminal court judges the discretion to sentence
any transferred juvenile to specialized juvenile treatment
programs or to a blended sentence (juvenile treatment
programs and adult court supervision) if
appropriate.
- Allow judges to determine if a juvenile should be tried/sentenced in adult court.
- Allow judges and prosecutors to waive minimum mandatory
and life sentences for juveniles transferred to adult court
or allow parole supervision.
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Eliminate the Damage Done to Public
Safety by Detention Centers
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- Create and use more community alternatives to detention centers.
- End the inappropriate use of detention centers as a baby
sitting service, as punishment before a contempt hearing or
trial, and as a homeless shelter.
- Prohibit the indefinite detention of children who have
been found incompetent to proceed to trial.
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Stop Treating Children and
Teenagers as Mini-Adults
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Promote Community Safety Through Juvenile
Justice System Improvements and Process Reforms
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- Protect children’s futures by making sure that before a
child pleads guilty or no contest, the child has a
meaningful opportunity to discuss with an attorney the
lifelong direct and collateral consequences of taking a
plea.
- Strictly limit teenager sex offender registration. At a
minimum, expand the “Romeo and Juliet” exception to match
the federal law. Provide jury trial if teenager qualifies
for sex offender registration.
- Require taping of all children’s statements to law
enforcement or school personnel regarding criminal
investigations.
- Give police full discretion to take other appropriate
action when a young person has a physical altercation with a
relative in the family home. The Domestic Violence arrest
and mandatory detention provisions were intended to
eliminate the serious problem of intimate partner and
spousal violence and should not apply to children.
Currently, if an officer wants to do something other than an
arrest, the officer has to extensively document why the
young person was not arrested.
- Prosecute traffic cases of juveniles in juvenile court,
not in county court with adult offenders.
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Stop the Government from Inflicting
Physical and Psychological Harm to Children and Teenagers
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- Require a hearing to take extreme measure of chaining
and shackling a child in court. This change would eliminate
the current practice of blanket, wholesale shackling of
securely detained children in dependency and delinquency
proceedings.
- To conserve limited resources and protect public safety,
DJJ should use a detention risk assessment instrument (DRAI)
that is independently validated and is focused on ensuring
court appearance and reducing the likelihood a child will
commit a serious crime pending trial. Housing children at a
detention center increases the likelihood of future criminal
behavior. The current DRAI is a political instrument that
has not been independently validated.
- Prohibit the arrest of a juvenile for failing to appear
in court if the child was in school at the time of the court
hearing, or the child was unable to attend
court by himself.
- Require Kingian Non-violence training for Department of
Juvenile Justice employees and contracted service providers.
- Create an independent ombudsman office to review
allegations of abuse at DJJ and private provider facilities
and programs.
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