Utah's juvenile justice system is like a child who was ignored for years, then is abruptly the focus of parenting advice from everyone, even those who never met the child.
Year after year, Utah's Youth Corrections and juvenile courts came away empty-handed from each Legislature. They couldn't get the judges, probation officers, detention facilities and youth jails they sought.Then gang violence exploded in Utah. Now every politician, citizens group and bureaucrat is an expert on juvenile crime and has a solution in mind.
"Frankly, they solved problems that we didn't have," said John McNamara, juvenile court administrator.
Some solutions hastily thrown together in October's special session mean little in the daily battle against gangs. Lawmakers passed a law suspending a teen's driver's license if the teen is charged with gang-related crime. Teenagers caught with guns can be charged with a Class A misdemeanor.
The two laws will not likely give gang members pause. "For the most part, THESE KIds don't have driver's licenses and they don't care that they don't have them. They will drive a car anyway - probably your car," McNamara said.
The same holds true for the gun law. "A kid willing to empty a gun into someone's chest is not going to be stopped by a Class A misdemeanor and a $300 fine."
Juvenile justice officials characterize most of the October laws as cosmetic. "These laws don't address the issue of public safety," said 2nd District Juvenile Judge Stephen Van Dyke.
Juvenile judges say the law allowing media access to juvenile records and the law requiring parents to attend their children's hearings have done little.
"The media up here hasn't shown any interest," said 2nd District Juvenile Judge David Sorenson in Cache County. Second District Juvenile Judge Diane Wilkins hasn't seen a reporter in her court either.
It's unlikely a gang member would be chagrined if one did show up.
As for requiring parents to be present when their kids are in court: "That isn't our problem," McNamara said. "Our problem is getting parents to take responsibility outside the courtroom."
A few new laws have been downright troublesome. The law taking away a judge's authority to throw a kid into detention and giving that power to detention officials instead has sparked fighting between the two groups (see accompanying story).
Other solutions were a strong start at solving the problems. But only a start. The juvenile court system needs 40 new probation officers, McNamara said. The court has repeatedly asked for more probation officers over the past six years.
After being ignored all of those years, the court got 10 new officers during the special session.
It needs 30 more, McNamara said.
Turning a one-time women's prison at Lone Peak Minimum Security Facility into an 80-bed youth jail won't dissipate the crowding in short-term detention and youth jails. There's too much crowding for that. But it will ease it a little.
Antelope Island's work camp will be ready to go by the first of the year, said Patrick Lambert, director of MOWEDA Youth Home. Officials are only waiting for two new trucks to arrive. The staff has already been assigned.
Under the winter program, kids assigned to the camp will be released from school at noon, go out to Antelope Island and work until near dark, Lambert said.
The teens will make bike trails, horse trails and foot paths. They will work on the historic farm as well as assist in feeding and caring for the buffalo herd.
In addition to the work, teens will participate in a rehabilitation program targeted for their particular problems, Lambert said.
Lone Peak will be ready to house delinquents in April.
But a half-day work camp for a few dozen teens and a makeshift youth jail aren't enough, say officials from juvenile justice and Youth Corrections.
They echo educators when they say that cash - and only cash - can solve the problems created by Utah's army of children.
Lawmakers can't keep telling Youth Corrections officials to use one 80-bed youth jail to deal with 600 offenders, Van Dyke said. "That's unconscionable."
Utah keeps looking to the radically revamped Colorado juvenile justice system as a model for what we can do here, Van Dyke said. "But Colorado appropriated $40 million to solve the problem. Utah hired 10 new probation officers and refurbished an old prison."
Politicians need to step up to the problem and spend the millions of dollars needed on prevention programs, counseling, probation officers and youth jails, juvenile justice authorities say.
Youth Corrections Director Gary Dalton agrees. He said he needs youth jails for another 160 youths at a cost of $4.5 million.
The 30 probation officers sought by the Juvenile Court will cost more than $3 million.
Gov. Mike Leavitt has already told juvenile court officials that the money isn't there. He will only support funding for 15 probation officers.
But those closest to the problem aren't in charge of making the laws and doling out the dollars. Politicians are.
That leaves juvenile justice and Youth Corrections officials fearful they will get another batch of hasty laws instead of the infusion of cash they seek.
Utah's juvenile crisis needs more deliberate and thoughtful planning, not more pressure-cooking decisionmaking, McNamara said.
Some of the proposals being bandied about may not have the reasoned quality authorities were hoping for. A citizens group has proposed a statewide curfew for teenagers.
That could mean teenagers in remote rural towns could pay the price for havoc wreaked by gangs along the Wasatch Front.
The proposed Child Welfare Reform Act would ban judges from referring troubled teens to Family Services for foster care and other aid unless the child has a chemical dependency.
Runaways, ungovernable teens or juvenile delinquents can not be referred to Family Services, according to the proposed act. Judges could onlyrefer children who are abused, neglected on dependent on drugs or alcohol.
Even then, the court must first formally rule that a child is abused, neglected or dependent, juvenile judges say.
If a child has committed a crime and the judge only suspects problems at home, he can't refer the child to Family Services.
"That's crazy," said 2nd District Judge Kent Bachman. "When I saw that legislation, I almost died. That law puts a troubled teenager in `no-man's land.' What do I do with him?"
Van Dyke, too, is alarmed by the proposed law.
"No one wants these kids," Van Dyke said. "If Family Services won't take them, what do we do then?"
Said McNamara: "What we need right now is some deliberate and thoughtful planning." But with all the clamor for fast solutions, he's not optimistic about getting it.
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Chart
Appropriation summary
Criminal Gang Activity Task Force legislation
Bill No.: HB34
Short Title: Appropriation for gang prevention and intervention program in the schools
Bill Appropriation 1994: $100,000 (lapsing)
Supplemental Appropriation 1993: $150,000 (nonlapsing)
Total Appropriation: $250,000
Bill No.: HB35
Short Title: Appropriation for gang suppression programs
Bill Appropriation 1994: $50,000 (nonlapsing)
Supplemental Appropriation 1993: $50,000 (nonlapsing)
Total Appropriation: $100,000
Bill No.: SB13
Short Title: Reauthorization of Criminal Gang Activity Task Force
Bill Appropriation 1994: $19,000 (lapsing)
Supplemental Appropriation 1993:
Total Appropriation: $19,000
Bill No.: SB14
Short Title: Gang violence and drug prevention program materials
Bill Appropriation 1994: $19,500 (lapsing)
Supplemental Appropriation 1993:
Total Appropriation: $19,000
Bill No.: SB15
Short Title: Officer Friendly program
Bill Appropriation 199: $10,000 (lapsing)
Supplemental Appropriation 1993:
Total Appropriation: $10,000
Bill No.: SB16
Short Title: Gang violence and drug prevention training
Bill Appropriation 1994: $20,500 (lapsing)
Supplemental Appropriation 1993
Total Appropriation: $20,500
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(Chart)
Division of Youth Corrections 1993 budget
Innovative alternatives - 0.89%
Transition -2.96%
Other * - 5.68%
Community alternatives 24.65%
Case management 8.15%
Observation & assessment 8.49%
Secure facilities 18.17%
Detention 31.01%
*Other costs include state office, federal grants, Lone Peak and Project Pathway
Budget requests and strategies
The following are budget requests and recommended strategies offered by the Division of Youth Corrections and Gang Task Forece for the 1994 session of the Utah Legislature:
Youth Corrections budget requests
-Federal grant replacement - $63,304. Replaces lost federal money to run programs in Cache County, Box Elder County, Cedar City and Antelope Island Island. All are alternatives to detention.
-Community-based alternatives - $1,733,734. Funds alternatives to detention, including intense probation supervision, community service and rehabilitation programs.
-Detention - $1,615,422. Includes expanded workload, additional staff and medical care.
-Canyonlands Multiuse Facility operations - $235,500
-St. George Multiservice Facility operations - $405,560.
-Case management - $913,543.
-Sex-offender treatment - $900,000.
-Transition - $232,509. Funds programs that help juveniles coming from secure care make the transition to parole.
-Observation and assessment - $$380,626.
-Secure facilities - $162,033. Is the equivalent of juvenile jails, Decker Lake Youth Correctional Facility, for example.
-Training - $92,431. For staff of new and existing programs.
-Technology - $130,000.
-Parole Authority - $65,373.
Gang Task Force recommendation
-State funding for Officer Friendly and DARE programs - $59,850.
-Enhance cultural awareness and financial support for governor's offices of ethnic affairs.
-Continuation of prevention and intervention programs in the schools - $300,000.
-Community mobilization technical assistance for Salt Lake Metro Gang Unit (if federal funding requests are denied) - $250,000.
-30 new juvenile probation officers - $1,248,200.
-11 new juvenile court clerks - $318,200.
-Judge in 4th District Juvenile Court - $176,500.
-Construction of new detention and secure-confinement, such as wilderness work camps.