Found 129 matches.
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Andrus-SCOTUS Amicus Brief
Tags: Court Decisions and Related Documents
The Youth Justice Law Clinic at the University of the District of Columbia David A. Clarke School of Law filed an amicus curiae brief for petitioner Terence Andrus on behalf of several organizations including the National Juvenile Justice Network.
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US District Court Decision: City of Los Angeles vs. Sessions
Tags: Federal | Immigration | Court Decisions and Related Documents
The Federal Department of Justice has continued to try to tie federal funding for state law enforcement programs to collaboration with immigration enforcement. These efforts have repeatedly been struck down by the courts as unconstitutional. The latest court decision, out of the US District Court in California, emerges from a lawsuit filed by the Los Angeles Police Department over the conditions in the 2018 Byrne JAG grant solicitation (Los Angeles v. Sessions). The Court’s decision, issued on February 15, 2019, ordered that the DOJ is permanently enjoined (program wide) from requiring collaboration with immigration enforcement -- (notice and access; 8 U.S.C. § 1373 and 1644; 1324 harboring/non-disclosure; and the questionnaire/8 U.S.C. § 1366 certification). Notably, the Court also enjoined similar conditions, specifically a preference given to applicants who indicated they would cooperate with immigration enforcement, from being imposed on awards under OJJDP's FY 2018 Gang Suppression Planning Grants Program.
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LGBTQI Youth in Juvenile Justice Settings: Closing the Gap between Recommended Practice and Reality
Tags: Federal | New York | Collateral Consequences | Crime Data and Statistics | Juvenile Defense and Court Process | LGBTQ Youth | Mental Health and Substance Abuse | Physical Health | Positive Youth Development and Strengths-Based Programming | Prevention | School-to-Prison Pipeline | Evidence-Based Practices | Advocacy | Administrative/Regulatory Policies | Court Decisions and Related Documents | Legislation | Presentations | Reports | Research | Partner Publications | Fact Sheets and Briefs
This presentation from NJJN Forum 2018 was developed by Currey Cook, Youth in Out-of-Home Care Project Director at Lambda Legal, and provides information on how LGBTQ youth are disproportionately represented in the justice system and legal protections granted to members of the LGBTQ community.
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MERCY Act Letter of Support 2 6 17
Tags: Federal | Detention | General System Reform | International and Human Rights | Juvenile Defense and Court Process | Youth in the Adult System | Advocacy | Administrative/Regulatory Policies | Court Decisions and Related Documents | Legislation | Member Publications | Partner Publications
Letter of support for the MERCY Act. Sponsored by Sen. Cory Booker to protect young people from solitary confinement. Juvenile Law Center.
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DOJ filed a statement of interest
Tags: South Carolina | Racial and Ethnic Disparities | Court Decisions and Related Documents | Reports
Enforcement of these vague statutes drives large numbers of young people into the juvenile and criminal justice systems, criminalizes common youthful behavior, results in racial disparities.
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Disparate Impact under Title VI and the School-to-Prison Pipeline
Tags: National | Racial and Ethnic Disparities | General System Reform | School-to-Prison Pipeline | Court Decisions and Related Documents
This memorandum is intended to provide a general practice guide on the disparate impact doctrine under Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, et seq.3 This overview focuses on how traditional public school and public charter school discipline policies and programs disproportionately impact students of color, a pattern known as the “school-to-prison pipeline” (“STPP”) .
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Ohio Settlement Agreement to Improve Conditions in Juvenile Prisons, S.H. v. Stickrath, Case number 2: 04-CV-1206
Tags: Ohio | Institutional Conditions | Court Decisions and Related Documents
The state of Ohio and Ohio Department of Youth Services settled a class action lawsuit by agreeing to widespread system reform.
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Supreme Court of Florida: Decision - Miller v. Alabama Retroactivity
Tags: Florida | Life Without Parole and Parole Issues | Court Decisions and Related Documents
Florida Supreme Court decision ruling that Miller v. Alabama's ban on mandatory sentences of life without the possibility of parole for juveniles is retroactive.
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U.S. Department of Justice | Statement of Interest filed by the Department of Justice in N.P. v Georgia.
Tags: Georgia | Juvenile Defense and Court Process | Court Decisions and Related Documents
The U.S. Department of Justice filed a statement of interest in a lawsuit against the state of Georgia over inadequate indigent defense. It is the first such filing in a state court to address right to counsel for children re: In re Gault.
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Class Action Litigation Involving Special Education Claims for Youth in Juvenile and Adult Correctional Facilities
Tags: National | Aftercare/Reentry | Institutional Conditions | Mental Health and Substance Abuse | Correctional Education | Court Decisions and Related Documents | Reports
This document from the National Center on Education, Disability, and Juvenile Justice lists class action litigation that has been undertaken regarding special education for youth and adults in the justice system.
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Wyoming Bans Mandatory Life without Parole for Youth Under 18, Bear Cloud v. State, 294 P.3d 36 (2013)
Tags: Wyoming | Juvenile Defense and Court Process | Life Without Parole and Parole Issues | Court Decisions and Related Documents | Legislation
Following Miller v. Alabama and a state Supreme Court case (Bear Cloud v. State, 294 P.3d 36 (2013)), Wyoming eliminated mandatory life without parole sentences for crimes committed by youth under age 18. Youth may still be sentenced to life without parole for certain crimes, but must become eligible for parole once they have served at least 25 years, or if their sentence is commuted to a term of years. H.B. 23/Act No. 18, signed into law February 14, 2013; effective July 1, 2013.
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Youth Receive Settlement from Contractor in Luzerne County Scandal, H.T. et al. v. Mark A. Ciavarella, Jr., et al., Civil Action No. 3:09-cv-0357, settlement order
Tags: Pennsylvania | Juvenile Defense and Court Process | Court Decisions and Related Documents
A second set of youth and families involved in the “kids for cash” scandal in Luzerne County reached a partial settlement with the companies who ran the detention centers where the youth were sent. In 2011, former Luzerne County Judge Mark Ciavarella was convicted of receiving bribes from the companies in exchange for sending youth to their facilities. According to the settlement, the families will receive a total of $2.5 million. H.T. et al. v. Mark A. Ciavarella, Jr., et al., Civil Action No. 3:09-cv-0357, settlement reached October 17, 2013; order entered July 7, 2014.
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Illinois Department of Juvenile Justice and ACLU Reach Settlement Agreement Regarding Conditions in Youth Facilities, R.J. v. Jones Remedial Plan
Tags: Illinois | Detention | Court Decisions and Related Documents
Following a class-action lawsuit on behalf of nearly 1,000 youth filed by the ACLU of Illinois in September 2012, the Illinois Department of Juvenile Justice (DJJ) agreed to develop a remedial plan to address inadequate and dangerous conditions in state-run juvenile justice facilities across the state. An ACLU investigation found inadequate mental health care and education services, unwarranted use of solitary confinement, use of excessive force by DJJ staff and among youth, and failure to release youth from prison solely because of a lack of community placement. Following further investigation conducted by three independent court-appointed experts, a remedial plan was approved by the court. The plan addresses improving conditions in five areas: (1) mental health services; (2) educational services, including general education, special education, and services for youth with a high school diploma or a GED; (3) the use of room confinement; (4) safety of young people inside the facilities from violence by staff and other youth; and (5) continued commitment of youth beyond their release dates solely for lack of a community placement. R.J. v. Jones, formerly R.J. v. Bishop, case no. 12-cv-07289, consent decree signed December 6, 2012; remedial plan filed April 7, 4014.
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Judge Workman Opinion - Lancaster County - Youth Sex Offender Registration
Tags: Pennsylvania | Sex Offender Registries | Court Decisions and Related Documents
Judge David Workman of Lancaster County, PA's opinion regarding the unconstitutionality of the state's youth sex offender registration requirements.
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Judge Patti-Worthington Decision - Youth Sex Offender Registries (PA)
Tags: Pennsylvania | Sex Offender Registries | Court Decisions and Related Documents
Judge Patti-Worthington's decision holding that youth sex offender registries are unconstitutional.
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Diatchenko v. District Attorney (Massachusetts Supreme Judicial Court Decision 12/24/2013)
Tags: Massachusetts | Life Without Parole and Parole Issues | Court Decisions and Related Documents
Massachusetts Supreme Judicial Court decision rules that Miller v. Alabama applies retroactively, and that life without the possibility of parole is an unconstitutional sentence for youth under the age of 18 - whether mandatory or discretionary.
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Massachusetts Eliminates Sentences of Life without Parole for Youth, Commonwealth v. Marquise Brown, 466 Mass. 676 (2013)
Tags: Massachusetts | Juvenile Defense and Court Process | Life Without Parole and Parole Issues | Court Decisions and Related Documents
Following the U.S. Supreme Court ruling in Miller v. Alabama, Massachusetts’ Supreme Judicial Court outlawed all sentences of life without parole for crimes committed by youth under age 18. Diatchenko v. District Attorney for Suffolk District, 466 Mass. 655 (2013). The court cited concerns related to the disproportionality of the sentence when it is applied to youth, and the fact that it is impossible for a court to determine that a youth under age 18 is “irretrievably depraved.” Diatchenko also held that Miller must be applied retroactively, allowing over 60 people serving life without parole sentences for crimes committed when they were 18 to become eligible for parole after serving at least a 15-year sentence. A separate decision ruled that the Diatchenko decision also had to be applied to currently pending cases. Commonwealth v. Marquise Brown, 466 Mass. 676 (2013). Over 80 existing cases were directly impacted by the ruling.
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Massachusetts Eliminates Sentences of Life without Parole for Youth, Diatchenko v. District Attorney for Suffolk District, 466 Mass. 655 (2013)
Tags: Massachusetts | Life Without Parole and Parole Issues | Court Decisions and Related Documents
Following the U.S. Supreme Court ruling in Miller v. Alabama, Massachusetts’ Supreme Judicial Court outlawed all sentences of life without parole for crimes committed by youth under age 18. Diatchenko v. District Attorney for Suffolk District, 466 Mass. 655 (2013). The court cited concerns related to the disproportionality of the sentence when it is applied to youth, and the fact that it is impossible for a court to determine that a youth under age 18 is “irretrievably depraved.” Diatchenko also held that Miller must be applied retroactively, allowing over 60 people serving life without parole sentences for crimes committed when they were 18 to become eligible for parole after serving at least a 15-year sentence. A separate decision ruled that the Diatchenko decision also had to be applied to currently pending cases. Commonwealth v. Marquise Brown, 466 Mass. 676 (2013). Over 80 existing cases were directly impacted by the ruling.
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North Carolina Appeals Court Prohibits Extending a Youth’s Probationary Period Retroactively, In the matter of A.F., 2013 N.C. App. LEXIS 1316
Tags: North Carolina | Juvenile Defense and Court Process | Court Decisions and Related Documents
A North Carolina youth had been sentenced to probation and committed a new offense two months after his probation ended. The trial court retroactively extended the youth’s probationary period, and then committed the youth to a youth development center based on additional “delinquency points” assigned to the youth for the commission of an offense while on probation. The youth filed a motion to modify his sentence, based on the fact that he wasn’t actually still on probation when the new offense was committed. The Court of Appeals invalidated the trial court’s order denying the youth’s motion to modify his sentence, stating that while a trial court may modify a youth’s probationary period within a reasonable amount of time after its expiration, it may not determine on a retroactive basis that it had extended a youth’s probation, and then assign additional delinquency points for the commission of a new offense during the retroactively extended probationary period. In the matter of A.F., 2013 N.C. App. LEXIS 1316.
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Federal Court Orders Michigan to Eliminate Mandatory Life without Parole Sentences for Youth, Hill v. Snyder, Case No.10-14568 (E.D. Mich., Nov 26, 2013)
Tags: Michigan | Life Without Parole and Parole Issues | Court Decisions and Related Documents
A federal judge ordered the state of Michigan to immediately comply with the Miller v. Alabama U.S. Supreme Court decision, which eliminates mandatory sentences of life without parole for crimes committed by youth under age 18. The order states that the state must give notice of eligibility of parole to all individuals who have served ten years of their sentence, and to create an administrative structure to process and determine parole for these individuals in a “fair, meaningful, and realistic” manner. Additionally, the order states that the parole board must explain its reasoning in each case; sentencing judges may not veto parole decisions; and the state may not deny individuals sentenced to juvenile life without parole access to any educational or training programs that are available to the general prison population. However, the ruling is currently under appeal and the state attorney general has put a stay on any reviews by the parole board. Hill v. Snyder, Case No.10-14568 (E.D. Mich., Nov 26, 2013).
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Opinion: Pennsylvania Court Decision on Constitutionality of SORNA for Youth
Tags: Pennsylvania | Sex Offender Registries | Court Decisions and Related Documents
In this decision, the Pennsylvania county judge finds that when applied to youth, the Sexual Offender Registration and Notification Act (SORNA) to be unconstitutional.
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North Carolina Appeals Court Invalidates Commitment Extension Issued without Proper Notice, In Re J.L.H.
Tags: North Carolina | Juvenile Defense and Court Process | Court Decisions and Related Documents
The NC Dept of Juvenile Justice extended a youth's commitment period without providing written notice. On appeal, the court held that oral notice does not conform to North Carolina law.
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Youth Receive Settlement from Contractor in Luzerne County Scandal, H.T. et al. v. Mark A. Ciavarella, Jr., et al., Civil Action No. 3:09-cv-0357, settlement
Tags: Pennsylvania | Juvenile Defense and Court Process | Court Decisions and Related Documents
A second set of youth and families involved in the “kids for cash” scandal in Luzerne County reached a partial settlement with the companies who ran the detention centers where the youth were sent. In 2011, former Luzerne County Judge Mark Ciavarella was convicted of receiving bribes from the companies in exchange for sending youth to their facilities. According to the settlement, the families will receive a total of $2.5 million. H.T. et al. v. Mark A. Ciavarella, Jr., et al., Civil Action No. 3:09-cv-0357, settlement reached October 17, 2013; order entered July 7, 2014.
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Illinois Supreme Court Prohibits Incarceration of Youth for Underage Drinking, In re Shelby R., 2013 IL 114994
Tags: Illinois | Community-Based Alternatives and Supervision | Status Offenses | Court Decisions and Related Documents
The Illinois Supreme Court affirmed a lower court decision prohibiting the incarceration of a youth for underage drinking. The Supreme Court’s opinion clarifies that the Juvenile Court Act’s prohibition of commitment of a youth to the Department of Juvenile Justice for a status offense encompasses underage drinking. The opinion reinforces the “statutory policy of promoting the development and implementation of community-based programs to prevent delinquent behavior.” In re Shelby R., 2013 IL 114994, filed September 19, 2013.
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Court Rules Electronic Monitoring of Youth Convicted of Sex Offense Must Be Reviewable, In the Interest of Justin B., 405 S.C. 391, 747 S.E.2d 774 (2013)
Tags: South Carolina | Sex Offender Registries | Court Decisions and Related Documents
A youth in South Carolina challenged the imposition of lifetime electronic monitoring after he pled guilty to a sex offense, arguing that the monitoring constituted cruel and unusual punishment because his young age would make lifetime monitoring especially severe. The South Carolina Supreme Court rejected his argument and held that such monitoring is not punishment, and therefore does not violate the state or federal constitutions. However, the court did mandate periodic judicial review to determine the necessity of continued monitoring, allowing the youth to petition for review ten years after the monitoring commenced. In the Interest of Justin B., 405 S.C. 391, 747 S.E.2d 774 (2013).
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Iowa Supreme Court Eliminates Mandatory Life without Parole Sentences for Youth, State of Iowa v. Null, No. 11–1080 (2013)
Tags: Iowa | Juvenile Defense and Court Process | Life Without Parole and Parole Issues | Court Decisions and Related Documents
Coming into compliance with the ruling of the U.S. Supreme Court in Miller v. Alabama, the Iowa Supreme Court abolished mandatory sentences of life without the possibility of parole for youth. The court issued opinions in three separate cases, all citing the unique rehabilitative qualities of youth and stating that adolescence should be a mitigating factor in sentencing. Notably, in Iowa v. Null, the court invalidated a mandatory minimum sentence of 52.5 years, and in Iowa v. Pearson, the court rejected a 35-year sentence, finding that although neither were sentences of life without parole, the length of the sentences still “violate the core teachings of Miller.” In Iowa v. Ragland, the court held that the Miller decision must be applied retroactively to youth who have already been convicted, allowing hundreds of youth to seek resentencing. State of Iowa v. Null, No. 11–1080 (2013).
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Iowa Supreme Court Eliminates Mandatory Life without Parole Sentences for Youth, State of Iowa v. Pearson, No. 11–1214 (2013)
Tags: Iowa | Juvenile Defense and Court Process | Life Without Parole and Parole Issues | Court Decisions and Related Documents
Coming into compliance with the ruling of the U.S. Supreme Court in Miller v. Alabama, the Iowa Supreme Court abolished mandatory sentences of life without the possibility of parole for youth. The court issued opinions in three separate cases, all citing the unique rehabilitative qualities of youth and stating that adolescence should be a mitigating factor in sentencing. Notably, in Iowa v. Null, the court invalidated a mandatory minimum sentence of 52.5 years, and in Iowa v. Pearson, the court rejected a 35-year sentence, finding that although neither were sentences of life without parole, the length of the sentences still “violate the core teachings of Miller.” In Iowa v. Ragland, the court held that the Miller decision must be applied retroactively to youth who have already been convicted, allowing hundreds of youth to seek resentencing. State of Iowa v. Pearson, No. 11–1214 (2013).
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Iowa Supreme Court Eliminates Mandatory Life without Parole Sentences for Youth, State of Iowa v. Ragland, No. 12–1758 (2013)
Tags: Iowa | Juvenile Defense and Court Process | Life Without Parole and Parole Issues | Court Decisions and Related Documents
Coming into compliance with the ruling of the U.S. Supreme Court in Miller v. Alabama, the Iowa Supreme Court abolished mandatory sentences of life without the possibility of parole for youth. The court issued opinions in three separate cases, all citing the unique rehabilitative qualities of youth and stating that adolescence should be a mitigating factor in sentencing. Notably, in Iowa v. Null, the court invalidated a mandatory minimum sentence of 52.5 years, and in Iowa v. Pearson, the court rejected a 35-year sentence, finding that although neither were sentences of life without parole, the length of the sentences still “violate the core teachings of Miller.” In Iowa v. Ragland, the court held that the Miller decision must be applied retroactively to youth who have already been convicted, allowing hundreds of youth to seek resentencing. State of Iowa v. Ragland, No. 12–1758 (2013).
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Polk County School District Settlement Ensures Education for Children in County Jail
Tags: Florida | Detention | Correctional Education | Court Decisions and Related Documents
The Southern Poverty Law Center reached a settlement with the Polk County School District to ensure that children detained at the county jail have their math and reading skills evaluated upon arrival and receive an appropriate education while detained. The complaint arose after a change in Florida law, driven by Polk County, that allows counties to hold children awaiting adjudication of delinquency charges in county jail instead of a Department of Juvenile Justice (DJJ) facility. County jails are not subject to DJJ standards or oversight. With this settlement, the school district agreed that DJJ educational standards will apply to youth in county jails, regardless of whether they are tried as juveniles or adults. The agreement also states that teachers assigned to the jail must obtain certification to teach special education classes, positive behavioral interventions and supports must be implemented in the classrooms, and the district must retain a transition coordinator to assist students as they return to school and/or transition to adulthood. Settlement agreement signed August 8, 2013.
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Delaware Eliminates Juvenile Life Without Parole, S.B. 9/Act No. 37
Tags: Delaware | Juvenile Defense and Court Process | Life Without Parole and Parole Issues | Youth in the Adult System | Court Decisions and Related Documents | Legislation
Delaware modified its juvenile sentencing laws in order to bring them into compliance with the Miller v. Alabama U.S. Supreme Court decision. The law eliminates the sentence of juvenile life without parole and replaces it with a sentence of 25 years to life for convictions of first degree murder. The law allows anyone sentenced to more than 20 years in adult prison as a juvenile to petition for sentence modification. Such reviews must take place no later than 30 years into a sentence for first degree murder convictions and after 20 years for all other cases. The bill applies retroactively, applying to anyone serving a life without parole sentence for an offense committed before he or she turned 18. S.B. 9/Act No. 37, signed into law and effective June 4, 2013.
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Arizona Supreme Court Upholds Fifth Amendment Protections for Youth, State of Arizona v. Hon. Jane A. Butler and Tyler B., CV-12-0402-PR (Arizona 2013)
Tags: Arizona | Juvenile Defense and Court Process | School-to-Prison Pipeline | Court Decisions and Related Documents
The Arizona Supreme Court upheld the Fifth Amendment rights of a 16-year-old who was arrested, handcuffed, questioned, and had blood drawn at school after being held for two hours without access to his parents. The decision referenced the U.S. Supreme Court’s ruling in J.D.B. v. North Carolina, 131 S. Ct. 2394 (2011), and held that a youth’s age is relevant when assessing whether he or she voluntarily consented to a blood draw. The court noted that youth “possess less maturity” and stated that “courts should not blind themselves to this reality.” State of Arizona v. Hon. Jane A. Butler and Tyler B., CV-12-0402-PR (Arizona 2013).
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Minnesota Supreme Court Grants Limited Expungement of Executive Branch Juvenile Records, In the Matter of the Welfare of J.J.P., No. A11-1146
Tags: Minnesota | Confidentiality | Juvenile Defense and Court Process | Court Decisions and Related Documents
Responding to an appeal from an individual with a juvenile record that created barriers to his educational and career pursuits, the Minnesota Supreme Court ruled that courts can expunge some parts of juvenile delinquency records that are held by the executive-branch agencies (e.g., the Department of Human Services and Bureau of Criminal Apprehension). However, the court limited expungement to the court order that adjudicated the youth delinquent. The youth’s arrest records, stays of adjudication, and adjudication petitions held by the executive branch are not expungeable. The court also articulated a new standard in its ruling, stating that “the petitioner bears the burden of proving by a preponderance of the evidence that the benefit [of expungement] to the petitioner outweighs the detriment to the public and the burden on the court.” In the Matter of the Welfare of J.J.P., No. A11-1146, decided May 22, 2013.
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2013 Juvenile Justice Reform Legislation: House Bill 242, JustGeorgia Summary
Tags: Georgia | Family and Youth Involvement | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Youth in the Adult System | Court Decisions and Related Documents | Legislation | Member Publications
JustGeorgia provides a detailed summary of the changes to Georgia's juvenile code enacted through H.B. 242.
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Nebraska Eliminates Mandatory Juvenile Life without Parole, L.B. 44
Tags: Nebraska | Juvenile Defense and Court Process | Life Without Parole and Parole Issues | Court Decisions and Related Documents | Legislation
Coming into compliance with the U.S. Supreme Court’s ruling in Miller v. Alabama, Nebraska eliminated mandatory sentences of life without parole for offenses committed by youth under the age of eighteen. Under the new law, youth may still be sentenced to 40 years to life. At sentencing, courts must consider mitigating factors, including the youth’s age, family and community environment, intellectual capacity, mental health, and “ability to appreciate the risks and consequences” of his or her conduct. After becoming eligible for parole, if individuals are denied, they must be reconsidered each subsequent year. The Board of Parole must consider individuals’ participation in educational and rehabilitative programs, maturity level, intellectual capacity, and other mitigating factors. L.B. 44, signed into law May 8, 2013; effective September 6, 2013.
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South Carolina Prohibits Testimony from Lay Persons in Sex Offense Case, In matter of Thomas S., 402 S.C. 373, 741 S.E.2d 27 (2013)
Tags: Rhode Island | Juvenile Defense and Court Process | Court Decisions and Related Documents
The South Carolina Supreme Court struck down the admission of testimony from two lay witnesses in a case involving a youth convicted of sex offenses. The lay witnesses had been allowed to testify as to whether the youth, upon release from the Department of Juvenile Justice, was dangerous and likely to reoffend, and should therefore be placed in a long-term secure facility for sexually violent predators. The court held that admission of such testimony from lay persons was prejudicial. In matter of Thomas S., 402 S.C. 373, 741 S.E.2d 27 (2013).
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Department of Justice Reaches Consent Decree with Mississippi School District that Violated Constitutional Rights of Youth, John Barnhardt, et al. and United States of America v. Meridian Municipal Separate School District, et al.
Tags: Mississippi | Racial and Ethnic Disparities | Juvenile Defense and Court Process | School-to-Prison Pipeline | Court Decisions and Related Documents
The U.S. Department of Justice (DOJ) and the Meridian School District reached a consent decree regarding the district’s denial of substantive and procedural due process to youth through its over- and misuse of arrests and law enforcement intervention. According to the DOJ’s investigation, youth were arrested in school for minor infractions; police arrested youth in schools without investigating the offense at issue; judges rubber stamped cases, issuing detention orders without due process; youth did not receive adequate representation in court; and youth of color and students with disabilities were overwhelmingly affected by the constitutional violations. The consent decree requires the school district to establish safe and inclusive learning environments, provide supports and interventions before removing students from school, limit the removal of students from classrooms as a disciplinary measure, ensure that disciplinary consequences are fair and consistent, establish clear guidelines for law enforcement interventions, create a monitoring and accountability system using data, and train teachers and administrators with the tools to manage schools and classrooms safely and effectively. John Barnhardt, et al. and United States of America v. Meridian Municipal Separate School District, et al., Civil Action No. 4:65-cv-01300-HTW-LRA (S.D. Miss. March 22, 2013).
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Dept. of Justice Consent Decree re: Meridian, Mississippi School District
Tags: Mississippi | School-to-Prison Pipeline | Court Decisions and Related Documents
A 2013 consent decree obtained by the U.S. Department of Justice (DOJ) against the Meridian Municipal Separate School District to redress an unfair school disciplinary policy disproportionately affecting youth of color.
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Palm Beach County School District Settlement Curbs Role of Police in Schools
Tags: Florida | School-to-Prison Pipeline | Court Decisions and Related Documents
After the Civil Rights Division of the U.S. Department of Justice investigated a civil rights complaint filed against the Palm Beach County School District in 2011, the district agreed to a settlement with the Department of Justice in 2013 intended to establish an inclusive and fair school discipline policy. Among other things, schools may no longer use law enforcement officers to respond to behavior that could otherwise be appropriately managed under school disciplinary procedures. Schools may only involve law enforcement when required by state law, when necessary to protect the physical safety of students and staff, or to address the criminal conduct of people other than students. The settlement also ensures due process for students before they are excluded from school, establishes discipline procedures that create a positive school climate, supports language accessibility, and mandates the collection and assessment of discipline data. Settlement agreement between the United States of America and the School District of Palm Beach County, signed February 26, 2013.
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Palm Beach County School District Settlement Curbs Role of Police in Schools, United States of America and the School District of Palm Beach County
Tags: Florida | School-to-Prison Pipeline | Court Decisions and Related Documents
Feb. 2013 settlement agreement between the U.S. Dept. of Justice and Palm Beach school district, designed to end school disciplinary practices that disproportionately and unfairly affected youth of color and youth with disabilities.
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Kansas Supreme Court Rebukes Prosecutor for Negative Comments about a Youth, State v. Urista, 296 Kan. 576, 293 P.3d 738 (2013)
Tags: Kansas | Juvenile Defense and Court Process | Court Decisions and Related Documents
At a sentencing hearing after reaching a plea agreement with a youth, a prosecutor made several negative personal comments about the youth, stating that he was dangerous, had no remorse or compassion, and was a menace to the community. The parties had agreed to a sentence of 102 months, but the sentencing judge rejected the deal and sentenced the youth to 204 months in prison instead. On appeal, the Kansas Supreme Court held that the prosecutor violated the plea deal by making negative comments that did not pertain to the facts of the case and were outside the scope of a summary of the victims’ statements. The court found that such comments were unprovoked and unnecessary, undermining the prosecution’s own sentencing recommendation and implicitly conveying that the youth deserved a greater punishment. The court vacated the youth’s sentence and granted him a new sentencing hearing. State v. Urista, 296 Kan. 576, 293 P.3d 738 (2013).
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Illinois Department of Juvenile Justice and ACLU Reach Settlement Agreement Regarding Conditions in Youth Facilities, R.J. v. Bishop Consent Decree
Tags: Illinois | Detention | Court Decisions and Related Documents
Following a class-action lawsuit on behalf of nearly 1,000 youth filed by the ACLU of Illinois in September 2012, the Illinois Department of Juvenile Justice (DJJ) agreed to develop a remedial plan to address inadequate and dangerous conditions in state-run juvenile justice facilities across the state. An ACLU investigation found inadequate mental health care and education services, unwarranted use of solitary confinement, use of excessive force by DJJ staff and among youth, and failure to release youth from prison solely because of a lack of community placement. Following further investigation conducted by three independent court-appointed experts, a remedial plan was approved by the court. The plan addresses improving conditions in five areas: (1) mental health services; (2) educational services, including general education, special education, and services for youth with a high school diploma or a GED; (3) the use of room confinement; (4) safety of young people inside the facilities from violence by staff and other youth; and (5) continued commitment of youth beyond their release dates solely for lack of a community placement. R.J. v. Jones, formerly R.J. v. Bishop, case no. 12-cv-07289, consent decree signed December 6, 2012; remedial plan filed April 7, 4014.
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Illinois Department of Juvenile Justice and ACLU Reach Settlement Agreement Regarding Conditions in Youth Facilities, R.J. v. Bishop Plaintiff's Complaint
Tags: Illinois | Detention | Court Decisions and Related Documents
Following a class-action lawsuit on behalf of nearly 1,000 youth filed by the ACLU of Illinois in September 2012, the Illinois Department of Juvenile Justice (DJJ) agreed to develop a remedial plan to address inadequate and dangerous conditions in state-run juvenile justice facilities across the state. An ACLU investigation found inadequate mental health care and education services, unwarranted use of solitary confinement, use of excessive force by DJJ staff and among youth, and failure to release youth from prison solely because of a lack of community placement. Following further investigation conducted by three independent court-appointed experts, a remedial plan was approved by the court. The plan addresses improving conditions in five areas: (1) mental health services; (2) educational services, including general education, special education, and services for youth with a high school diploma or a GED; (3) the use of room confinement; (4) safety of young people inside the facilities from violence by staff and other youth; and (5) continued commitment of youth beyond their release dates solely for lack of a community placement. R.J. v. Jones, formerly R.J. v. Bishop, case no. 12-cv-07289, consent decree signed December 6, 2012; remedial plan filed April 7, 4014.
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Pennsylvania Supreme Court Issues Rule Mandating Least Restrictive Disposition for Youth, Rules 512, 1240, 1242, and 1512
Tags: Pennsylvania | Community-Based Alternatives and Supervision | Juvenile Defense and Court Process | Court Decisions and Related Documents
When out-of-home placement is deemed to be necessary for a youth, juvenile courts in Pennsylvania must now explain why they are placing the youth outside of the home and why the placement is the least restrictive type of placement that is consistent with the protection of the public and the rehabilitation needs of the child.
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Appeals Court Rules that Transfer to Adult Facility without Due Process Violates Youth’s Rights, State of New Jersey in the Interest of J.J., A-2357-11T2
Tags: New Jersey | Juvenile Defense and Court Process | Youth in the Adult System | Court Decisions and Related Documents
New Jersey law permits youth aged 16 or older to be transferred from a juvenile facility to an adult facility if the youth’s “continued presence in the juvenile facility threatens the public safety, the safety of [other confined youth], or the ability of the commission to operate the program in the manner intended.” The state maintained that such youth could be transferred without any due process, and transferred the youth in this case without any prior notice to him, his family, his attorney, or the juvenile judge. However, the appellate court disagreed and invalidated the transfer, holding that, given the adult prison’s focus on punishment and security, rather than rehabilitation, youth must be provided due process—including written notice of the transfer with the supporting factual basis, the opportunity to be heard and present opposition, some form of representation, and written findings of fact supporting the decision to proceed with the transfer. State of New Jersey in the Interest of J.J., A-2357-11T2, decided August 28, 2012.
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California Supreme Court Strikes Down Life without Parole Sentences for Youth Convicted of Non-Homicide Offenses
Tags: California | Life Without Parole and Parole Issues | Court Decisions and Related Documents
The California Supreme Court ruled that youth convicted of non-homicide crimes may not be issued lengthy sentences that are effectively de facto sentences of life without the possibility of parole. This ruling followed the U.S. Supreme Court’s 2010 decision in Graham v. Florida, which held that the Eighth Amendment’s ban on cruel and unusual punishment prohibits sentencing youth who are convicted for non-homicide offense to life without the possibility of parole. The California case centered around a 110-year-to-life sentence given to an 18-year-old for crimes he committed at age 16. The California Supreme Court wrote that “the state may not deprive [youth] at sentencing of a meaningful opportunity to demonstrate their rehabilitation and fitness to reenter society in the future.” The People of the State of California v. Rodrigo Caballero, 55 Cal.4th 262, 282 P.3d 291, 145 Cal.Rptr.3d 286 (2012).
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DOJ Consent Decree Regarding the New Orleans Police Department
Tags: Louisiana | LGBTQ Youth | Administrative/Regulatory Policies | Court Decisions and Related Documents
In a consent decree with the U.S. Department of Justice (DOJ), the New Orleans Police Department agrees to "fundamentally change the way it polices the New Orleans community.” The consent decree is a result of DOJ findings of patterns of misconduct that violate the Constitution and federal law--especially as applied to lesbian, gay, bisexual and transgender youth.
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Miller v. Alabama 567 U.S. ___ (2012)
Tags: Federal | Life Without Parole and Parole Issues | Youth in the Adult System | Court Decisions and Related Documents
The Court held that the Eighth Amendment’s prohibition against cruel and unusual punishment forbids the mandatory sentencing of life in prison without the possibility of parole for juvenile homicide offenders.
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Judge Finds Mandatory Strip Search of Youth Unconstitutional, T.S. v. Gabbard, 860 F. Supp. 2d 384 (E.D. Ky. 2012)
Tags: Kentucky | Detention | Court Decisions and Related Documents
A federal judge in Kentucky found mandatory strip searches of youth during intake at a Perry County, Kentucky juvenile facility to be unconstitutional. Facility policy required youth to strip in front of non-medical staff who then visually observed the youth’s nude body for signs of abuse, illness, tattoos, or other markings. The court held that the facility conducted the strip searches without any reasonable suspicion of illness, injury, or possession of contraband, and therefore violated the youth’s constitutional right to privacy. In its opinion, the court noted that strip searches of youth raise unique concerns due to youth’s vulnerability. Additionally, the court dismissed the facility employees’ claim of qualified immunity—citing clear legal precedent prohibiting strip searches without individualized reasonable suspicion of possession of contraband—thereby allowing the youth to pursue civil damages. State officials have since changed the policy and youth are now screened at intake while partially clothed. T.S. v. Gabbard, 860 F. Supp. 2d 384 (E.D. Ky. 2012).
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Mississippi Removes Youth from Walnut Grove Correctional Facility and Creates Youthful Offender Unit for Youth Convicted as Adults, H.B. 523
Tags: Mississippi | Brain and Adolescent Development | Detention | Institutional Conditions | Youth in the Adult System | Court Decisions and Related Documents | Legislation
After Mississippi advocates filed a class-action lawsuit against the Walnut Grove Correctional Facility over conditions of confinement, provisions of a subsequent settlement agreement were incorporated into state legislation. In addition to the lawsuit, the facility was simultaneously subject to a U.S. Department of Justice investigation, which found that the conditions at Walnut Grove violated the constitutional rights of youth. The investigation revealed that staff engaged in sexual misconduct with youth, used excessive force, and were deliberately indifferent to the risk of harm youth posed to one another, youth’s mental health needs, and youth’s serious medical needs. The legislation required youth under 22 years old to be removed from Walnut Grove and directed the Department of Corrections (DOC) to establish a youthful offender unit to house youth 17-years-old and younger who have been convicted as adults; youth ages 18 or 19 may also be housed in the Youthful Offender Unit at the discretion of the DOC Commissioner. The Youthful Offender Unit opened in December of 2012; youth housed there must have interactive, structured rehabilitative and/or educational programming and recreational and leisure activities outside of their cells. All programming must be tailored to the developmental needs of adolescents. H.B. 523/Act No. 489, signed into law and effective April 26, 2012.
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U.S. Department of Justice Investigation Leads to Consent Decree Addressing Disparate Treatment of African-American Youth
Tags: Tennessee | Detention | Racial and Ethnic Disparities | Juvenile Defense and Court Process | Court Decisions and Related Documents
A comprehensive, multi-year investigation of the Juvenile Court of Memphis and Shelby County and the Shelby County Juvenile Detention Center by the Civil Rights Division of the U.S. Department of Justice (DOJ) revealed racial discrimination, widespread violations of youth’s due process rights, and excessively harsh treatment of detained youth. Specifically, the investigation found disparate treatment of African-American youth at almost every phase of the juvenile justice system, failure to provide adequate due process protections to youth before transferring them to adult court, failure to provide timely and adequate notice of delinquency charges, and unnecessary and excessive use of restraints, among other violations. Shelby County and DOJ entered into a consent decree in December of 2012, which includes specific remedial measures in the areas of due process, disparate treatment, protection from harm for detained youth, and community outreach.
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In re C.P., Slip Opinion No. 2012-Ohio-1446
Tags: Ohio | Sex Offender Registries | Court Decisions and Related Documents
Automatic, lifelong registration and notification requirements of R.C. 2152.86 violate due process and prohibition against cruel and unusual punishment for juvenile sex offenders tried within juvenile system.
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Ohio Supreme Court Declares Automatic Sex Offender Registration and Notification Unconstitutional, In re C.P., Slip Opinion No. 2012-Ohio-1446
Tags: Ohio | Juvenile Defense and Court Process | Sex Offender Registries | Court Decisions and Related Documents
On April 3, 2012, the Ohio Supreme Court found the state’s statute requiring automatic lifetime sex offender registration and notification for youth unconstitutional and counter to the rehabilitative goal of the juvenile justice system. In a 5-2 ruling, the court found the statute’s automatic lifelong registration and the public notification requirements for youth adjudicated in juvenile court to be a violation of the 8th Amendment’s protection against cruel and unusual punishment.
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Ohio Supreme Court: In re C.P.
Tags: Ohio | Sex Offender Registries | Court Decisions and Related Documents
The Ohio Supreme Court found Ohio's statute requiring automatic sex offender registration and notifications for juveniles unconstitutional.
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Amicus Brief in Support of Petitioners (Miller v. Alabama and Jackson v. Hobbs)
Tags: Federal | Alabama | Arkansas | Life Without Parole and Parole Issues | Youth in the Adult System | Court Decisions and Related Documents
Juvenile Law Center and National Juvenile Defender Center, NJJN partners, filed an amicus brief in support of protecting youth from life sentences.
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Jackson v. Hobbs - Brief for Petitioner
Tags: Federal | Arkansas | Life Without Parole and Parole Issues | Youth in the Adult System | Court Decisions and Related Documents
Brief for Petitioner, Kuntrell Jackson, in the case of Jackson v. Hobbs. Also see, Miller v. Alabama.
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Miller v. Alabama - Brief for Petitioner
Tags: Federal | Alabama | Life Without Parole and Parole Issues | Youth in the Adult System | Court Decisions and Related Documents
Brief for Petitioner Evan Miller in the case of Miller v. Alabama. Also see Jackson v. Hobbs.
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Forrest County, Mississippi Settles Lawsuit on Conditions and Access, M.T., et al. v. Forrest County, Mississippi, 2011
Tags: Mississippi | Detention | Institutional Conditions | Court Decisions and Related Documents
A class-action lawsuit against Forrest County, Mississippi challenged excessive shackling, physical abuse, filthy conditions, and overcrowding at the Forrest County Juvenile Detention Center. The lawsuit also challenged the facility's denial of access to the federally mandated Protection and Advocacy (P&A) organization for Mississippi; under federal law, P&A organizations have a right to enter facilities, interview youth, and assess conditions.
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Ohio Supreme Court Rules State’s Implementation of the Adam Walsh Act Cannot Be Applied Retroactively, State v. Williams, 129 Ohio St.3d 344 (2011)
Tags: Ohio | Collateral Consequences | Sex Offender Registries | Court Decisions and Related Documents
In July 2011, the Supreme Court of Ohio addressed S.B. 10 (the state’s attempt to comply with the federal Adam Walsh Act), finding that the registration duties imposed by S.B. 10 amount to punishment, and therefore cannot be constitutionally applied retroactively.
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J.D.B. v. North Carolina, U.S. Supreme Court, No. 09-11121
Tags: Federal | North Carolina | Juvenile Defense and Court Process | Court Decisions and Related Documents
Ruling that investigating officers must take the age of suspects into account when deciding whether it is necessary to read them Miranda warnings.
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U.S. Supreme Court Strengthens Protections for Youth Interrogated by Police, J.D.B. v. North Carolina, 131 S. Ct. 2394 (2011)
Tags: Federal | Juvenile Defense and Court Process | Court Decisions and Related Documents
The United States Supreme Court ruled that investigating officers must take the age of suspects into account when deciding whether it is necessary to read them Miranda warnings. The opinion stated that “a child’s age is far ‘more than a chronological fact’” and that “it is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstances would feel free to leave. Seeing no reason for police officers or courts to blind themselves to that commonsense reality, we hold that a child’s age properly informs the Miranda custody analysis.”
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Criteria for Summons Requiring No Further Action, Connecticut Judicial Branch, June 15, 2011
Tags: Connecticut | School-to-Prison Pipeline | Court Decisions and Related Documents
The Connecticut Judicial Branch screens all police summonses for youth arrested for minor offenses in schools in order to determine whether the facts, if true, are sufficient to warrant a court referral and whether the interests of the public or the child require further action. Insufficient summonses will be sent back to police. The judicial branch seeks to reduce the number of arrests made in schools for behavior that could be dealt with by school staff. Specifically, probation supervisors will recommend no further court involvement for typical adolescent behavior, such as wearing a hat in school, talking back to staff, running in the halls, or swearing.
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Template Complaint Return Letter to Police from Connecticut Juvenile Probation Regarding Police Summonses for Minor Offenses
Tags: Connecticut | School-to-Prison Pipeline | Court Decisions and Related Documents
The Connecticut Judicial Branch screens all police summonses for youth arrested for minor offenses in schools in order to determine whether the facts, if true, are sufficient to warrant a court referral and whether the interests of the public or the child require further action. Insufficient summonses will be sent back to police. The judicial branch seeks to reduce the number of arrests made in schools for behavior that could be dealt with by school staff. Specifically, probation supervisors will recommend no further court involvement for typical adolescent behavior, such as wearing a hat in school, talking back to staff, running in the halls, or swearing.
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Template Letter to Police Chief from Connecticut Juvenile Probation Regarding Police Summonses for Minor Offenses
Tags: Connecticut | School-to-Prison Pipeline | Court Decisions and Related Documents
The Connecticut Judicial Branch screens all police summonses for youth arrested for minor offenses in schools in order to determine whether the facts, if true, are sufficient to warrant a court referral and whether the interests of the public or the child require further action. Insufficient summonses will be sent back to police. The judicial branch seeks to reduce the number of arrests made in schools for behavior that could be dealt with by school staff. Specifically, probation supervisors will recommend no further court involvement for typical adolescent behavior, such as wearing a hat in school, talking back to staff, running in the halls, or swearing.
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Connecticut Juvenile Services Intake Procedures, Screening of All Arrests for Minor Offenses in Schools, Policy No. 74, June 15, 2011
Tags: Connecticut | School-to-Prison Pipeline | Court Decisions and Related Documents
The Connecticut Judicial Branch screens all police summonses for youth arrested for minor offenses in schools in order to determine whether the facts, if true, are sufficient to warrant a court referral and whether the interests of the public or the child require further action. Insufficient summonses will be sent back to police. The judicial branch seeks to reduce the number of arrests made in schools for behavior that could be dealt with by school staff. Specifically, probation supervisors will recommend no further court involvement for typical adolescent behavior, such as wearing a hat in school, talking back to staff, running in the halls, or swearing.
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Ohio Supreme Court Protects Young Children Charged with Certain Sex Offenses, In re D.B., 129 Ohio St.3d 104 (2011)
Tags: Ohio | Collateral Consequences | Sex Offender Registries | Court Decisions and Related Documents
In June 2011, the Supreme Court of Ohio issued a decision protecting young children from certain sex offender laws. Ohio’s statutory rape law can no longer be applied to children under the age of 13 who engage in sexual conduct with other children under the age of 13.
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Pennsylvania Supreme Court Explanatory Report Regarding Rule 151, All Juveniles Indigent for Purposes of Appointment of Counsel
Tags: Pennsylvania | Juvenile Defense and Court Process | Court Decisions and Related Documents
The Pennsylvania Supreme Court adopted a juvenile court procedural rule that declares all juveniles to be presumed indigent, thereby giving all youth the right to an attorney appointed by the court. The court rule forbids the consideration of a parent or guardian’s income, stating that “there is an inherent risk that the legal protections afforded juveniles could be eroded by making legal representation dependent upon the limited financial resources of their guardians, particularly where guardians have an income just above the poverty guidelines.”
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Pennsylvania Supreme Court Order Amending Rule 151, All Juveniles Indigent for Purposes of Appointment of Counsel, May 16, 2011
Tags: Pennsylvania | Juvenile Defense and Court Process | Court Decisions and Related Documents
The Pennsylvania Supreme Court adopted a juvenile court procedural rule that declares all juveniles to be presumed indigent, thereby giving all youth the right to an attorney appointed by the court. The court rule forbids the consideration of a parent or guardian’s income, stating that “there is an inherent risk that the legal protections afforded juveniles could be eroded by making legal representation dependent upon the limited financial resources of their guardians, particularly where guardians have an income just above the poverty guidelines.”
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Pennsylvania Supreme Court Rule Declaring All Juveniles Indigent for Purposes of Appointment of Counsel, Rule 151, May 16, 2011
Tags: Pennsylvania | Juvenile Defense and Court Process | Court Decisions and Related Documents
The Pennsylvania Supreme Court adopted a juvenile court procedural rule that declares all juveniles to be presumed indigent, thereby giving all youth the right to an attorney appointed by the court. The court rule forbids the consideration of a parent or guardian’s income, stating that “there is an inherent risk that the legal protections afforded juveniles could be eroded by making legal representation dependent upon the limited financial resources of their guardians, particularly where guardians have an income just above the poverty guidelines.”
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Pennsylvania Supreme Court Order Mandating Least Restrictive Disposition for Youth, Rules 512, 1240, 1242, and 1512
Tags: Pennsylvania | Community-Based Alternatives and Supervision | Juvenile Defense and Court Process | Court Decisions and Related Documents
When out-of-home placement is deemed to be necessary for a youth, juvenile courts in Pennsylvania must now explain why they are placing the youth outside of the home and why the placement is the least restrictive type of placement that is consistent with the protection of the public and the rehabilitation needs of the child.
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Pennsylvania Supreme Court Rules Mandating Least Restrictive Disposition for Youth, Rules 512, 1240, 1242, and 1512, Explanatory Report
Tags: Pennsylvania | Community-Based Alternatives and Supervision | Juvenile Defense and Court Process | Court Decisions and Related Documents
When out-of-home placement is deemed to be necessary for a youth, juvenile courts in Pennsylvania must now explain why they are placing the youth outside of the home and why the placement is the least restrictive type of placement that is consistent with the protection of the public and the rehabilitation needs of the child.
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Pennsylvania Supreme Court Explanatory Report Regarding Rule 139, Limiting Shackling of Youth in Court
Tags: Pennsylvania | Juvenile Defense and Court Process | Shackling | Court Decisions and Related Documents
A Pennsylvania Supreme Court rule prohibits using restraints on youth in court with limited exceptions. Restraints may only be used if the court determines on the record—after giving the youth an opportunity to be heard—that restraints are necessary to prevent: 1) physical harm to the youth or another person; 2) disruptive courtroom behavior, which must be backed by evidence of dangerous behavior in the past; or 3) the youth’s escape, evidenced by an escape history or other relevant factors. The rule “highly discourages” the use of any restraints, and states that the routine use of restraints on youth is contrary to the philosophy of balanced and restorative justice and undermines the goal of rehabilitation.
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Pennsylvania Supreme Court Order Amending Rule 139, Limiting Shackling of Youth in Court, April 26, 2011
Tags: Pennsylvania | Juvenile Defense and Court Process | Shackling | Court Decisions and Related Documents
A Pennsylvania Supreme Court rule prohibits using restraints on youth in court with limited exceptions. Restraints may only be used if the court determines on the record—after giving the youth an opportunity to be heard—that restraints are necessary to prevent: 1) physical harm to the youth or another person; 2) disruptive courtroom behavior, which must be backed by evidence of dangerous behavior in the past; or 3) the youth’s escape, evidenced by an escape history or other relevant factors. The rule “highly discourages” the use of any restraints, and states that the routine use of restraints on youth is contrary to the philosophy of balanced and restorative justice and undermines the goal of rehabilitation.
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Pennsylvania Supreme Court Rule Limiting Shackling of Youth in Court, Rule 139, April 26, 2011
Tags: Pennsylvania | Juvenile Defense and Court Process | Shackling | Court Decisions and Related Documents
A Pennsylvania Supreme Court rule prohibits using restraints on youth in court with limited exceptions. Restraints may only be used if the court determines on the record—after giving the youth an opportunity to be heard—that restraints are necessary to prevent: 1) physical harm to the youth or another person; 2) disruptive courtroom behavior, which must be backed by evidence of dangerous behavior in the past; or 3) the youth’s escape, evidenced by an escape history or other relevant factors. The rule “highly discourages” the use of any restraints, and states that the routine use of restraints on youth is contrary to the philosophy of balanced and restorative justice and undermines the goal of rehabilitation.
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Missouri Supreme Court Mandates Use of Juvenile Detention Assessment Instrument, Court Operating Rule 28, April 8, 2011
Tags: Missouri | Detention | Risk Assessment and Screening | Court Decisions and Related Documents
The Missouri Supreme Court mandated that as of January 1, 2012, all youth facing detention receive a risk score through Missouri's new juvenile detention assessment instrument in order to determine their pre-adjudication placement. The court states that generally youth should not be held in secure detention unless they present a risk to public safety or may fail to appear in court for their hearings. The instrument is to be used to assist in making a decision as to whether a youth should be placed in a secure detention facility, placed in an alternative to detention, or released. The instrument is a written checklist used to rate each youth for specific detention-related risks and was developed to address the inappropriate detention of youth based on race, gender, or offense. The court's order also directs the state courts administrator to provide training to all circuits on the use of the instrument, and requires circuits using the instrument to keep and report data. Court Operating Rule 28, April 8, 2011.
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Louisiana Order Modifying Conditions Consent Decree at Orleans Parish Detention Center
Tags: Louisiana | Detention | Institutional Conditions | Mental Health and Substance Abuse | Physical Health | Court Decisions and Related Documents
In February 2010, two consent decrees were finalized regarding conditions of confinement and education at New Orleans’ juvenile detention center, the Youth Study Center. The consent decrees were filed in October 2009 following twenty-two months of negotiations after a class-action lawsuit was filed in December 2007. The lawsuit included allegations of locked fire doors with no available keys, insects and rodents biting youth, children with serious conditions being denied their medication, and suicidal youth not receiving mental health services. The consent decrees’ provisions include increased staffing for the Youth Study Center; increased training of all staff on such issues as suicide prevention, behavior, and classroom management; improved healthcare, including prohibiting staff from denying medical care to youth and increased medical and mental health staffing; increased focus on programming, education, and physical recreation; and an increase of one social worker per unit.
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Massachusetts Court Finds Interrogation of Youth to Be Overly Harsh, Miranda Rights Violated, Commonwealth v. Nga Truong, 28 Mass. L. Rep. 223; 2011 Mass. Super. LEXIS 61. February 25, 2011, Decided
Tags: Massachusetts | Juvenile Defense and Court Process | Court Decisions and Related Documents
A Massachusetts court found that an hours-long, aggressive interrogation of a sixteen-year-old girl violated her rights, and that her confession was involuntary. The court held that the girl was subject to a custodial interrogation without being properly advised of her Miranda rights, and without making a knowing, intelligent, and voluntary waiver of those rights. The court also found that the girl was not provided with an opportunity for meaningful consultation with her mother or an attorney about her rights, as required by Massachusetts’ “interested adult” rule.
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Oregon Court Limits Shackling and Strip Searching of Youth, Yamhill County, Letter Opinion, February 7, 2011
Tags: Oregon | Juvenile Defense and Court Process | Shackling | Court Decisions and Related Documents
A circuit court judge in Yamhill County, Oregon held that youth may be shackled in the courtroom and during video appearances only when it is necessary to prevent escape, injury, or destruction. The shackling may last only as long as such danger exists. The court also addressed strip searching in the case, ruling that strip searches may not be routinely conducted after visits and court appearances; searches must be restricted to those situations in which there is a reasonable suspicion that the youth might have acquired contraband.
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State v. Ninham, Oral Argument, Wisconsin Supreme Court
Tags: Wisconsin | Life Without Parole and Parole Issues | Court Decisions and Related Documents
Video of oral arguments in a case held in abeyance pending the outcome of Graham v. Florida. Case examines whether the life sentence handed down to a boy convicted of first-degree intentional homicide that was committed when he was 14 years old constitutes cruel and unusual punishment. Bryan Stevenson of the Equal Justice Initiative argues the unconstitutionality of a life without parole sentence for someone so young.
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Family Court Rules of Procedure and Practice, Kentucky Supreme Court, Mandates Higher Scrutiny of Charging Process for Youth Facing Possible Prosecution for Status Offenses, January 1, 2011
Tags: Kentucky | Status Offenses | Court Decisions and Related Documents
On January 1, 2011, the Supreme Court of Kentucky adopted uniform Family Law Rules of Procedure and Practice to address the disparities and diversity that currently exist among the various local rules of practice within Kentucky’s courts. A segment of these rules impacts how status offenses are handled in the state. Court Designated Workers (CDWs)—who work for the court system and are the gatekeepers for all status and public offense charges—must now require school systems to provide complete documentation of interventions used to help students— especially those with educational disabilities—charged with status offenses. Likewise, parents who want to bring beyond-control charges against their children must establish for the CDW which community resources they have used to assist them with their children.
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Fayette County, Kentucky Schools Commit to End Disparate Discipline Practices, December 2010
Tags: Kentucky | Racial and Ethnic Disparities | Court Decisions and Related Documents
The Fayette County Public School System and the Kentucky Department of Education—facing claims of disparate discipline practices according to race and disability status of students—entered into a settlement agreement in Fayette County. The agreement includes provisions to involve an outside consultant with expertise in Positive Behavior Intervention Strategies (PBIS), conduct district-wide training of all staff on PBIS, revise the districts’ codes of conduct, create compliance committees comprised of community members and school personnel, and regularly track and review data to establish progress.
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Office of Children and Family Services and U.S. Department of Justice Settlement on Facility Conditions, U.S. v. New York, July 14, 2010
Tags: New York | Institutional Conditions | Court Decisions and Related Documents
A settlement agreement between the New York Office of Children and Family Services and the U.S. Department of Justice (DOJ) applies to conditions at four New York facilities. The settlement agreement includes provisions on use of restraints, use of force, reporting and investigating of incidents, use of psychotropic medications, treatment planning, substance abuse treatment, transition planning, quality assurance, and monitoring.
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Forgiving My Daughter's Killer, The Washington Post, Linda L. White
Tags: Life Without Parole and Parole Issues | Court Decisions and Related Documents | Media
Opinion editorial by a woman whose daughter was killed by two 15-year-old boys many years ago. The author discovered the humanity of these youth through the process of restorative justice and believes that the Supreme Court must go even further than they did in Graham v. Florida to allow all youth the opportunity for rehabilitation and release.
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Ohio Supreme Court Finds State’s Implementation of the Adam Walsh Act Unconstitutional, State v. Bodyke, 126 Ohio St.3d 266 (2010)
Tags: Ohio | Collateral Consequences | Sex Offender Registries | Court Decisions and Related Documents
In June 2010, the Supreme Court of Ohio declared that the retroactive reclassification of sex offenders under Ohio’s S.B. 10 (the state’s attempt to comply with the federal Adam Walsh Act) is an unconstitutional violation of separation of powers, when the registrant (adult or juvenile) had previously been classified by a court order.
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U.S. Supreme Court Prohibits Life Without Parole Sentences for Youth Who Did not Commit Homicide, NJJN E-Newsletter
Tags: Life Without Parole and Parole Issues | Court Decisions and Related Documents | NJJN Publications
Newsletter applauding Supreme Court decision in Graham v. Florida finding unconstitutional life without parole sentences for youth who did not commit homicide.
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Graham v. Florida, 560 U.S. ___ (2010)
Tags: Federal | Florida | Life Without Parole and Parole Issues | Court Decisions and Related Documents
U.S. Supreme Court decision finding the sentence of life without parole for youth who commit non-homicide offenses to be cruel and unusual punishment.
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Lauderdale County, Mississippi Settles Lawsuit over Abusive Conditions at Detention Center, E.W. v. Lauderdale County, April 30, 2010
Tags: Mississippi | Detention | Institutional Conditions | Mental Health and Substance Abuse | Physical Health | Court Decisions and Related Documents
Lauderdale County, Mississippi settled a class-action lawsuit that alleged abusive conditions at the Lauderdale Juvenile Detention Center. The agreement ensures that youth at the detention center can no longer be locked in cells all day; ends the indiscriminate use of pepper spray and mace; requires clean and sanitary conditions; mandates health and mental health screening and treatment; requires adequate educational, rehabilitative, and recreational programs; and ends the use of a chair with mechanical restraints.
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J.J. v. State of Florida, Third District Court of Appeal, No. 3D10-226
Tags: Florida | Crossover and Dual Jurisdiction Youth | Court Decisions and Related Documents
Decision from the Third District Court of Appeal in Florida ruling that juvenile court judges cannot jail foster youth simply in an effort to do what is in their best interest, ending a years-old practice used by authorities in an attempt to protect runaway youth.
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Florida Appeals Court Rules Foster Youth Cannot Be Jailed for Their Own Good, J.J. v. Florida, No. 3D10-226, March 31, 2010
Tags: Florida | Crossover and Dual Jurisdiction Youth | Court Decisions and Related Documents
The Third District Court of Appeal in Florida ruled that juvenile court judges cannot jail foster youth simply for their best interest, ending a years-old practice used by authorities in an attempt to protect runaway youth. The decision is in line with the federal Juvenile Justice and Delinquency Prevention Act’s prohibition on locking up youth who commit status offenses, such running away. The case involved a 12-year-old girl in foster care who repeatedly ran away from her foster homes and school. The state alleged that incarceration of the girl was necessary in order to secure medical and dental examinations, psycho-educational testing, and a psychiatric evaluation. The court stated that a youth may not be detained simply to permit “administrative access” to the youth, and that detention is only authorized under “strict statutory criteria.”
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Massachusetts Supreme Judicial Court Upholds Homeless Youth’s Expectation of Privacy, Commonwealth v. Porter P., 2010
Tags: Massachusetts | Confidentiality | Court Decisions and Related Documents
The Massachusetts Supreme Judicial Court found that the warrantless search of a youth’s room at a shelter for homeless families, and the seizure of his firearm, violated the Fourth Amendment to the United States Constitution and Massachusetts law. The court further found that the youth’s statement to the police regarding the firearm should be suppressed as “fruit of the poisonous tree” of the illegal search and seizure.
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Massachusetts Reduces Use of Restraints on Youth in the Courtroom, Trial Court of the Commonwealth Court Officer Policy and Procedures Manual, Chapter 4, Courtroom Procedures, Section VI, Juvenile Court Sessions
Tags: Massachusetts | Juvenile Defense and Court Process | Court Decisions and Related Documents
The policy and procedure creates a presumption that restraints will be removed from youth while appearing in a courtroom before a justice of the juvenile court unless there is an order and specific finding that restraints are necessary. A justice may order the use of restraints if he or she finds that there is reason to believe that the youth may try to escape, or that the youth may pose a threat to his or her own safety or to the safety of other people in the courtroom, or if it is reasonably necessary to maintain order in the courtroom.
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Louisiana Consent Decree Aims to Improve Conditions at Orleans Parish Detention Center
Tags: Louisiana | Detention | Institutional Conditions | Mental Health and Substance Abuse | Physical Health | Court Decisions and Related Documents
In February 2010, two consent decrees were finalized regarding conditions of confinement and education at New Orleans’ juvenile detention center, the Youth Study Center. The consent decrees were filed in October 2009 following twenty-two months of negotiations after a class-action lawsuit was filed in December 2007. The lawsuit included allegations of locked fire doors with no available keys, insects and rodents biting youth, children with serious conditions being denied their medication, and suicidal youth not receiving mental health services. The consent decrees’ provisions include increased staffing for the Youth Study Center; increased training of all staff on such issues as suicide prevention, behavior, and classroom management; improved healthcare, including prohibiting staff from denying medical care to youth and increased medical and mental health staffing; increased focus on programming, education, and physical recreation; and an increase of one social worker per unit.
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Louisiana Education Consent Decree Aims to Improve Education at Orleans Parish Detention Center
Tags: Louisiana | Detention | Institutional Conditions | Mental Health and Substance Abuse | Physical Health | Court Decisions and Related Documents
In February 2010, two consent decrees were finalized regarding conditions of confinement and education at New Orleans’ juvenile detention center, the Youth Study Center. The consent decrees were filed in October 2009 following twenty-two months of negotiations after a class-action lawsuit was filed in December 2007. The lawsuit included allegations of locked fire doors with no available keys, insects and rodents biting youth, children with serious conditions being denied their medication, and suicidal youth not receiving mental health services. The consent decrees’ provisions include increased staffing for the Youth Study Center; increased training of all staff on such issues as suicide prevention, behavior, and classroom management; improved healthcare, including prohibiting staff from denying medical care to youth and increased medical and mental health staffing; increased focus on programming, education, and physical recreation; and an increase of one social worker per unit.
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In Re: Amendments to the Florida Rules of Juvenile Procedure, No. SC09-141, Supreme Court of Florida
Tags: Florida | Juvenile Defense and Court Process | Court Decisions and Related Documents
December 17, 2009, Supreme Court of Florida ruling that effective January 1, 2010, the restraint of juvenile offenders is forbidden unless a judge finds that the youth is likely to be violent.
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Florida Supreme Court Limits Shackling of Youth in Court, In re Amendments to the Florida Rules of Juvenile Procedure, 26 So. 3d 552 (Fla. 2009)/Florida Rules of Juvenile Procedure, Rule 8.100
Tags: Florida | Juvenile Defense and Court Process | Shackling | Court Decisions and Related Documents
The Supreme Court of Florida ruled that effective January 1, 2010, the restraint of juveniles in courtrooms is forbidden unless a judge finds that a youth is likely to be violent. The decision describes the indiscriminate shackling of juveniles as “repugnant, degrading, humiliating, and contrary to the stated primary purposes of the juvenile justice system and to the principles of therapeutic justice.”
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In Re: Expungement of Juvenile Records and Vacatur of Luzerne County Juvenile Court Consent Decrees or Adjudications from 2003-2008, October 29, 2010
Tags: Pennsylvania | General System Reform | Court Decisions and Related Documents
In an unprecedented decision, the Pennsylvania Supreme Court vacated as many as 6,500 adjudications of delinquency of youth who appeared before former judge Mark Ciavarella between 2003 and 2008. The far-reaching order is an exceptional response to the judicial scandal in Luzerne County, Pennsylvania, through which Ciavarella and fellow judge Michael T. Conahan allegedly received more than $2.6 million in kickbacks from the owner of two private youth detention centers in exchange for sending youth there.
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Massachusetts Supreme Judicial Court Strikes Down Criminal Provisions of Municipal Curfew for Children Under 17, Commonwealth v. Weston W., 455 Mass. 24 (2009)
Tags: Massachusetts | Status Offenses | Court Decisions and Related Documents
The Massachusetts Supreme Judicial Court invalidated the criminal provisions of a juvenile curfew ordinance from the City of Lowell, holding that the ordinance violated the constitutional rights of minors. The court found that the curfew ordinance violated the fundamental right of freedom of movement and the equal protection clause because it treated people differently based on their age. The court also found that the criminal sanctions contradicted well-established goals of rehabilitating, not incarcerating, youth offenders, stating that the “criminal prosecution of a minor, with its potential for commitment to DYS, is an extraordinary and unnecessary response to what is essentially a status offense and is contrary to the State’s treatment of similar conduct.”
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Retroactive Application of SORNA Unconstitutional, U.S. v. Juvenile Male, No. 07-30290, September 10, 2009
Tags: Federal | Collateral Consequences | Sex Offender Registries | Court Decisions and Related Documents
In September 2009, a panel of the federal Ninth Circuit Court of Appeals ruled that that the retroactive application of the Sex Offender Registration and Notification Act’s (SORNA) provisions for former youth offenders is punitive and in violation of the Ex Post Facto Clause of the U.S. Constitution. The court found that the registration and reporting requirements would affect many adults who were sentenced for sex offenses many years ago when they were youth, and that the requirements threaten “to disrupt the stability of [individuals’] lives and to ostracize them from their communities by drawing attention to decades-old sex offenses committed as juveniles that have, until now, remained sealed.” The court referred to the “pervasive and severe” disadvantages of mandatory registration and the historic confidentiality of juvenile proceedings in its reasoning.
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New Jersey Supreme Court Holds Right to Counsel for a Juvenile Attaches Early, In re P.M.P., 200 N.J. 166 (2009)
Tags: New Jersey | Juvenile Defense and Court Process | Court Decisions and Related Documents
The New Jersey Supreme Court ruled that the right to counsel attaches at the time of the filing of a delinquency complaint and obtainment of a judicially approved arrest warrant because they are “critical stages” of delinquency proceedings. The court further held that youth cannot waive their right to counsel except in the presence of and after consultation with an attorney.
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Harrison County, Mississippi Commits to Improving Detention Center Conditions, D.W. v. Harrison County, Case No. 1:09-cv-267 LG-RHN (S.D. Miss.), Jun 24, 2009
Tags: Mississippi | Detention | Institutional Conditions | Court Decisions and Related Documents
Harrison County, Mississippi settled a federal class-action lawsuit that sought to end the physical abuse of youth, denial of mental health care for suicidal youth, and other unconstitutional conditions in the Harrison County Juvenile Detention Center. The settlement addresses overcrowding, cell confinement, use of restraints, use of force, suicide prevention, hygiene and sanitation, and staff training.
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State of Connecticut v. David A. Fernandes, Jr., Connecticut Appellate Court
Tags: Connecticut | Youth in the Adult System | Court Decisions and Related Documents
Connecticut Appellate Court opinion ruling that discretionary transfer of 14- and 15-year-olds to adult court is unconstitutional.
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Connecticut Court Finds Discretionary Transfer of 14- and 15-Year-Olds to Adult Court Unconstitutional, State v. Fernandes, 300 Conn. 104 (2010)
Tags: Connecticut | Youth in the Adult System | Court Decisions and Related Documents
On June 16, 2009, the Connecticut Appellate Court ruled in State of Connecticut v. David A. Fernandes, Jr., 115 Conn. App. 180 (2009), that the state's discretionary transfer law, which allows prosecutors to send 14- and 15-year-olds charged with C, D, and unclassified felonies to adult court, is unconstitutional. The court held that because of the liberty interest at stake, a youth facing transfer on such charges is entitled to due process. Such due process includes a hearing during which the juvenile court judge considers argument from counsel and may exercise his or her discretion to determine whether to order the transfer. The Connecticut Supreme Court later heard the case on appeal and limited the scope of the ruling; the court agreed that a hearing must be held, but determined that the legislative history of the transfer statute required such hearings to be held in adult court, rather than juvenile court.
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In re Nunez, No. G040377, 4th Dist.
Tags: California | Life Without Parole and Parole Issues | Court Decisions and Related Documents
California appellate court rules juvenile life without parole sentence is unconstitutional.
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D.W. v. Harrison County, Complaint, Mississippi
Tags: Mississippi | Detention | Institutional Conditions | Court Decisions and Related Documents
Court complaint filed against Harrison County, Mississippi to stop abuses at the juvenile detention center.
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Kenniston v. Department of Youth Services, Massachusetts Supreme Judicial Court Opinion, SJC-10270
Tags: Massachusetts | Youth in the Adult System | Court Decisions and Related Documents
Massachusetts Supreme Judicial Court ruling that a state law that allows the Department of Youth Services to extend commitments from age 18 to age 21 (and even to have the individuals transferred to adult prisons) is unconstitutional.
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Massachusetts Supreme Judicial Court Finds State “Extension Law” Unconstitutional, Kenniston v. Department of Youth Services, 453 Mass. 179 (2009)
Tags: Massachusetts | Youth in the Adult System | Court Decisions and Related Documents
The Massachusetts Supreme Judicial Court ruled that a state law allowing the Department of Youth Services to extend commitments from age 18 to age 21—and even to have the individuals transferred to adult prisons—is unconstitutional. The three individuals who challenged the law had received extended commitments on the basis that they were “physically dangerous to the public.” The court held that the term “physically dangerous” is unconstitutionally vague and that the law violated substantive due process because it permitted extended detention based solely on dangerousness, without any link to a mental condition that might keep the individuals from controlling their behavior.
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Advances in Juvenile Justice Reform, 2007-2008, National Juvenile Justice Network
Tags: National | General System Reform | Administrative/Regulatory Policies | Court Decisions and Related Documents | Legislation | NJJN Publications
Compilation of legislative, judicial and administrative advances and new funding allocations that have led to the closure of large, harmful juvenile prisons; increases in programs that offer community-based alternatives to confinement; strengthened practice standards for juvenile defenders; and additional procedural and substantive protections for youth in and out of court. The booklet includes advances from states across the country sorted into substantive issue categories. Each advance is briefly summarized with a citation. Advances cited in the booklet may be found on NJJN’s Web site.
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State of New Mexico v. Rudy B., Case No. 27,589
Tags: New Mexico | Youth in the Adult System | Court Decisions and Related Documents
New Mexico Court of Appeals holding that the provision in the state's Delinquency Act that allows a juvenile court judge, rather than a jury, to determine whether a juvenile may receive an adult sentence based on evidence presented at the amenability hearing is unconstitutional.
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State v. Spangler, 2009-Ohio-3178, Ohio Appellate Court
Tags: Ohio | Sex Offender Registries | Court Decisions and Related Documents
Ohio appellate court opinion finding the state's implementation of the Adam Walsh Act to be unconstitutional.
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Arizona Supreme Court Juvenile Detention Standards
Tags: Arizona | Detention | Institutional Conditions | Court Decisions and Related Documents
The Arizona Supreme Court developed detailed juvenile detention standards to be followed by all Arizona juvenile courts. The standards cover a wide array of topics, including personnel, monitoring, risk assessments, academic services, health services, recreation, juvenile rights, restraints, food services, and facility design. Implementation of the standards in 2010 has led to six operational reviews and improvements to policies, practices, and services provided to detained youth. Positive changes include reduction in the time frame for requesting educational and medical records; improved staffing ratios; officer training; collaborations with community agencies to improve medical and behavioral health services; development and improvement of positive reinforcement-based behavior management systems; and improvements in direct supervision of youth.
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Nevada Supreme Court Strikes Down Presumptive Certification Statute, In re William M., 124 Nev. Adv. Op. No. 95 (Nev. 2008)
Tags: Nevada | Youth in the Adult System | Court Decisions and Related Documents
The Nevada Supreme Court threw out the presumptive certification statute that allowed prosecutors to transfer certain cases to adult court, finding that the statute violated youths’ constitutional right against self-incrimination. The court’s unanimous ruling states that the law’s “requirement that a juvenile admit the charged criminal conduct, and thereby incriminate himself, in order to overcome the presumption of adult supervision is unconstitutional.” The Nevada Legislature codified the court’s 2009 ruling and raised the threshold age at which a youth may be certified as an adult under presumptive certification from 14 to 16.
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In the Interest of Z.B., 2008 SD 108, South Dakota Supreme Court
Tags: South Dakota | Sex Offender Registries | Court Decisions and Related Documents
Court decision holding that some juvenile sex offender and notification laws violate the Equal Protection Clause of the Fourteenth Amendment because juveniles are arbitrarily treated differently than adults.
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Nevada Indigent Defense Standards of Performance, Nevada Supreme Court, October 16, 2008
Tags: Nevada | Juvenile Defense and Court Process | Court Decisions and Related Documents
The Nevada State Supreme Court adopted performance standards for indigent defense in April of 2009. The standards include a detailed section on delinquency cases, which covers the role of defense counsel, provision of adequate time and resources, client interviewing, detention hearings, plea negotiations, adjudication hearings, transfer proceedings, and many other topics.
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John Doe v. State of Alaska, No. 6290
Tags: Alaska | Sex Offender Registries | Court Decisions and Related Documents
Decision of Alaska Supreme Court finding ex post facto violation in sex offender registry law, determining that registration laws cannot be applied to people whose offenses predate the registry's effective date.
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State v. Greenberg, Rhode Island Supreme Court
Tags: Rhode Island | Youth in the Adult System | Court Decisions and Related Documents
After a "jurisdictional quagmire" that arose in 2007 when the General Assembly passed an alleged money saving law to treat 17-year-olds as adults in criminal matters, the Rhode Island Supreme Court ruled that juveniles can only be referred to adult court after a probable cause hearing. While the law was repealed (after it became clear the presumptive cost savings were nonexistent), the repeal was not retroactive, which left about 500 youth who were charged as adults between July 1 and November 8, 2007. Unfortunately, cases for which final judgment entered are not subject to transfer, unless the convictions are vacated; those youth may, however, still seek post-conviction relief.
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In the Matter of L.M., Kansas, 186 P.3d 184 (Kan. 2008)
Tags: Kansas | Juvenile Defense and Court Process | Court Decisions and Related Documents
Kansas Supreme Court case holding juveniles have a right to trial by jury under the Sixth and Fourteenth Amendments of the U.S. Constitution.
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K.C. v. Nedelkoff, Complaint of ACLU on Behalf of Texas Girl Inmates
Tags: Texas | Detention | Institutional Conditions | Court Decisions and Related Documents
Court complaint filed by the ACLU on behalf of female inmates in Texas in order to stop abuses at detention centers for female offenders.
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R. v. D.B., 2008 SCC 25, Supreme Court of Canada
Tags: International | Sex Offender Registries | Court Decisions and Related Documents
In a 5-4 decision, the Canadian Supreme Court found it to be unconstitutional to require youth convicted of certain serious offenses to establish why they should be sentenced as juveniles. The requirement was a key provision in the Youth Criminal Justice Act. The decision firmly entrenches in Canada the concept that young offenders do not have the moral culpability of adults and requires courts to recognize their different capacities.
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Tremaine Evans v. State of Ohio, Case No. CV-08 646797
Tags: Ohio | Sex Offender Registries | Court Decisions and Related Documents
Trial court opinion finding that Ohio's Adam Walsh Act is unconstitutional.
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United States of America v. Powers, Case No. 6:07:cr-221-Orl- 31KRS, United States District Court, Middle District of Florida, Orlando Division
Tags: Federal | Sex Offender Registries | Court Decisions and Related Documents
District court order finding that the Sex Offender Registration and Notification Act (SORNA) is unconstitutional because Congress does not have the power to legislate SORNA under the Commerce Clause of the constitution.
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Defendant's Reply, District Court, Family Division, Clark County, Nevada
Tags: Nevada | Sex Offender Registries | Court Decisions and Related Documents
Reply on behalf of defendant against court's refusal to find that juvenile sex offender notification and registry laws are unconstitutional as applied. Defendant's counsel argues that the effect of the laws is to criminalize behavior, which the in the vast majority of cases the child will outgrow and/or respond appropriately to treatment.
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Defendant's Motion, In the Matter of N.R., Case No. J 304169, District Court, Family Division, Clark County, Nevada
Tags: Nevada | Sex Offender Registries | Court Decisions and Related Documents
Motion on behalf of a juvenile sex offender arguing that application of lifetime supervision, community notification and registration as a sex offender and the other restrictions on a juvenile pursuant to the Adam Walsh Act are punitive, extreme and counterproductive.
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In re William M., 124 Nev. Adv. Op. No. 95
Tags: Nevada | Youth in the Adult System | Court Decisions and Related Documents
Nevada Supreme Court case striking down presumptive certification statute that allowed prosecutors to file cases directly in adult court. The court found that the statute violated juveniles' constitutional right against self-incrimination.
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Lawsuit Filed Over Treatment of Girls at State Reform Schools in Mississippi, New York Times
Tags: Mississippi | Girls | Institutional Conditions | Court Decisions and Related Documents | Media
New York Times article about a lawsuit filed on behalf of female youth offenders who were subjected to abusive conditions at their Mississippi reform school.
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In re C.S., Ohio, 115 Ohio St. 3d 267
Tags: Ohio | Juvenile Defense and Court Process | Court Decisions and Related Documents
Ohio Supreme Court decision requiring a juvenile to be counseled by a parent, guardian, or custodian and an attorney before waiving the right to counsel.
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Conditions of Confinement Memorandum of Agreement Between U.S. and Hawaii, February 7, 2006
Tags: Hawaii | Institutional Conditions | Court Decisions and Related Documents
The Hawaii State Legislature authorized the Director of Human Services to appoint investigators to examine incidents at the Hawaii Youth Correctional Facility (HYCF), and gave these investigators access to necessary information maintained by state and county entities. The investigations cover incidents of use of force, staff-on-youth violence, serious youth-on-youth violence, inappropriate staff relationships with youth, sexual misconduct between youth, and abusive institutional practices at HYCF.
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Hawaii to Improve Conditions in Detention Facility, Memorandum of Agreement
Tags: Hawaii | Detention | Institutional Conditions | Court Decisions and Related Documents
The Hawaii legislature provided emergency funding to make improvements at the Youth Detention Facility in line with the Department of Justice recommendations.
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Roper v. Simmons, 543 U.S. 551 (2005)
Tags: Federal | Missouri | Youth in the Adult System | Court Decisions and Related Documents
U.S. Supreme Court decision outlawing the death penalty for crimes committed while under the age of 18.
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Centre for Child Law Applicant v. Minister for Justice and Constitutional Development, South African Constitutional Court
Tags: International | International and Human Rights | Court Decisions and Related Documents
South African court opinion that ends minimum sentencing for children aged 16 and 17.
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T.I. v. Delia, Consent Decrees and Orders, Washington State Superior Court, King County
Tags: Washington | Institutional Conditions | Court Decisions and Related Documents
Landmark settlement over suit on conditions of confinement in Washington State.