Statement Of Senator Patrick Leahy,
Chairman, Senate Judiciary Committee
On The Failure To Pass The “Juvenile Justice
And Delinquency Prevention Reauthorization Act”
September 27, 2008
In July, the Senate Judiciary Committee reported
the Juvenile Justice and Delinquency Prevention Reauthorization Act,
an important bill designed to protect our communities and
particularly our most precious asset, our children.
I am disappointed that Republican objections continue to
prevent this vital bipartisan legislation from passing the Senate
this year.
This bill seeks to not only keep our children safe
and out of trouble, but also to help ensure they have the
opportunity to become productive adult members of society.
Senator Specter and Senator Kohl have been leaders in this
area of the law for decades, and I was honored to join with them
once again to introduce this important initiative.
The Juvenile Justice and Delinquency Prevention
Act sets out Federal policy and standards for the administration of
juvenile justice in the states.
It authorizes key Federal resources for states to improve
their juvenile justice systems and for communities to develop
programs to prevent young people from getting into trouble.
With the proposed reauthorization of this important
legislation, we recommit to these important goals.
We also push the law forward in key ways to better serve our
communities and our children.
The basic goals of the Juvenile Justice and
Delinquency Prevention Act remain the same:
keeping our communities safe by reducing juvenile crime,
advancing programs and policies that keep children out of the
criminal justice system, and encouraging states to implement
policies designed to steer those children who do enter the juvenile
justice system back onto a track to become contributing members of
society.
The reauthorization that we consider today
augments these goals in several ways.
First, this bill encourages states to move away from keeping
young people in adult jails.
The Centers for Disease Control and Prevention concluded late
last year that children who are held in adult prisons commit more
crimes, and more serious crimes, when they are released, than
children with similar histories who are kept in juvenile facilities.
After years of pressure to send more and more young people to
adult prisons, it is time to seriously consider the strong evidence
that this policy is not working.
We must do this with ample consideration for the
fiscal constraints on states, particularly in these lean budget
times, and with ample deference to the traditional role of states in
setting their own criminal justice policy.
We have done so here.
But we also must work to ensure that unless strong and
considered reasons dictate otherwise, the presumption must be that
children will be kept with other children, particularly before they
have been convicted of any wrongdoing.
As a former prosecutor, I know well the importance
of holding criminals accountable for their crimes with strong
sentences. But when we
are talking about children, we must also think about how best to
help them become responsible, contributing members of society as
adults. That keeps us
all safer.
I am disturbed that children from minority
communities continue to be overrepresented in the juvenile justice
system. This bill
encourages states to take new steps to identify the reasons for this
serious and continuing problem and to work together with the Federal
government and with local communities to find ways to start solving
it.
I am also concerned that too many runaway and
homeless young people are locked up for so-called status offenses,
like truancy, without having committed any crime.
In a Judiciary Committee hearing earlier this year on the
reauthorization of the Runaway and Homeless Youth Act, I was amazed
by the plight of this vulnerable population, even in the wealthiest
country in the world, and inspired by the ability of so many
children in this desperate situation to rise above that adversity.
This reauthorization of the Juvenile Justice Act
takes strong and significant steps to move states away from
detaining children from at-risk populations for status offenses and
requires states to phase out the practice entirely in three years,
but with a safety valve for those states that are unable to move
quite so quickly due to limited resources.
As I have worked with experts on this legislation,
it has become abundantly clear that mental health and drug treatment
are fundamental to making real progress toward keeping juvenile
offenders from reoffending.
Mental disorders are two to three times more common among
children in the juvenile justice system than in the general
population, and fully eighty percent of young people in the juvenile
justice system have been found by some studies to have a connection
to substance abuse. This
bill takes new and important steps to prioritize and fund mental
health and drug treatment.
The bill tackles several other key facets of
juvenile justice reform.
It emphasizes effective training of personnel who work with young
people in the juvenile justice system, both to encourage the use of
approaches that have been proven effective and to eliminate cruel
and unnecessary treatment of juveniles.
The bill also creates incentives for the use of programs that
research and testing have shown to work best.
Finally, the bill refocuses attention on
prevention programs intended to keep children from ever entering the
criminal justice system.
I was struck when Chief Richard Miranda of Tucson, Arizona,
said in a December hearing on this bill that we cannot arrest our
way out of the problem.
I heard the same sentiment from Chief Anthony Bossi and others at
the Judiciary Committee’s field hearing earlier this year on young
people and violent crime in Rutland, Vermont.
When seasoned police officers from Rutland, Vermont, to Tucson, Arizona,
tell me that prevention programs are pivotal, I pay attention.
Just as this administration and recent Republican
Congresses have gutted programs that support state and local law
enforcement, so they have consistently cut and narrowed effective
prevention programs, creating a dangerous vacuum.
We need to reverse this trend and help our communities
implement programs proven to help kids turn their lives around.
I have long supported a strong Federal commitment
to preventing youth violence, and I have worked hard on past
reauthorizations of this legislation, as have Senators Specter and
Kohl and others on the Judiciary Committee.
We have learned the importance of balancing strong law
enforcement with effective prevention programs.
This reauthorization pushes forward new ways to help children
move out of the criminal justice system, return to school, and
become responsible, hard-working members of our communities.
This legislation seeks to move the country in new
directions to protect our communities and give our children the
chance they need to grow up to be productive members of society.
But we were careful to do so with full respect for the
discretion due to law enforcement and judges, with deference to
states, and with a regard for difficult fiscal realities.
It is unfortunate that, despite the bipartisan
nature of the legislation and the careful consideration and
consultation that went into drafting it, Republican objections have
prevented this important bill from passing and helping to keep our
children and our communities safe.
I hope, while there is still time, that all Senators will
decide to support and pass this vital reauthorization.
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