It’s been two years since the Utah Legislature initiated a comprehensive reform of the state’s justice system, a work still in progress but one that would substantially revise the way juvenile courts handle low-risk offenders. Though the effort will cost more up-front, in the long run it promises to save the state money and will work to keep many youth out who don’t deserve to be caught up in the detention system.
The measure, HB239, envisions a more flexible and compassionate system for juvenile offenders that lawmakers should explore. First, the new system would make it easier for authorities to deal with offenders on a more individualized basis. Second, it would emphasize early intervention to head off behavioral problems that could escalate into more serious offenses. Third, it would reduce overall costs by allowing more kids to stay in their homes while undergoing court proceedings or counseling instead of facing lockup in a detention facility. Keeping youth in secure lockup or in a group home costs significantly more than monitoring their behavior while they stay with their families. Additionally, in many instances, reintegrating offenders with their family can be more conducive to reform.
The current legislative proposal emanates from a study conducted after the 2015 legislative session worked to revise sentencing standards and other procedures in the adult court system. The Juvenile Justice Working Group was tasked by the governor, legislative leaders and leaders of the state judiciary to undertake a data-driven study of the juvenile court system in order to find ways to improve outcomes for offenders and their families while protecting public safety and containing costs. The group’s report has resulted in the proposed legislation now before the House.
The working group identified trends that show the current system, by requiring nearly all offenders of even minor crimes to be held in at least temporary detention, can be detrimental to rehabilitation and does not lower rates of recidivism.
Some will undoubtedly worry that juvenile justice reform may lead to losses in terms of public safety. These are legitimate concerns. However, the working group found that there is evidence that spending time in detention actually increases the risk of a juvenile re-offending, thus compounding the public safety risks.
Meanwhile, in recent years, the rate of recidivism among juvenile offenders in Utah has risen while there has also been an increase in serious felony offenses by juveniles. These trends speak to the need to re-evaluate the way young offenders are dealt with the system, and the proposed legislation demonstrates an understanding backed by data that intervention and home-based treatment is more effective than long-term detention.
It has long been the philosophy of the justice system to treat juvenile offenders differently than adult criminals with the intent of offering youth a chance to quickly make amends for an offense and move forward with their lives. The current system now skews more toward incarceration, requiring even low-risk offenders to be taken to a detention facility for offenses as minor as truancy from school. HB239 represents a sound, sensible and more compassionate way to deal with kids who fall into wayward behavior.