ROANOKE TIMES Copyright (c) 1995, Roanoke Times DATE: Monday, December 18, 1995 TAG: 9512180063 SECTION: VIRGINIA PAGE: A-1 EDITION: METRO SERIES: Kids & crime SOURCE: LAURENCE HAMMACK STAFF WRITER NOTE: Below
OPPONENTS SAY they may claw at any proposal that gives the juvenile justice system a more punitive touch.
When the General Assembly met last year to consider abolishing parole, few legislators dared to buck Gov. George Allen's tough-on-crime charge.
With an election looming and Democrats hoping to maintain slim majorities in the House and Senate, the measure passed overwhelmingly.
But things could be different next month, when the legislature takes up Allen's latest mission on crime - overhauling the state's juvenile justice system to give it a more punitive touch.
Now that the election is over, "perhaps some of the pressure has been taken off of the less courageous members to chomp at anything that pretends to be tough on crime, and we can take a more calm and reasoned approach," Del. Jay DeBoer, D-Petersburg, said.
Opponents of Allen's plan have several other weapons at their disposal: a poll showing that most Virginians favor rehabilitation over punishment for young criminals; and a legislative watchdog agency's report that discouraged "sweeping change" to the current system.
"I don't see quite the same momentum on the juvenile reform that I saw for parole," Del. Clifton "Chip" Woodrum, D-Roanoke, said.
Republicans made juvenile justice reform an issue in their failed campaign for legislative control, including it in their "Pledge for Honest Change," a spinoff of the national GOP's "Contract With America."
Del. Morgan Griffith, R-Salem, acknowledged that getting tough on children is not as clear-cut as cracking down on adult criminals. "I do think that you're going to see more discussion, just because the issues are more complicated," he said.
Two commissions - one appointed by Allen and headed by Attorney General James Gilmore; the other controlled by Democrats - are completing their work this month, setting up what could become one of the major issues of next year's session.
Here's a closer look at what the two panels are proposing:
The Gilmore Commission
The most publicized topics of the governor's commission have been its proposals to try more youngsters as adults, open the juvenile courts to public scrutiny and send more offenders to boot camps. But 27 preliminary recommendations released in October also included:
Giving juvenile court judges more sentencing options, from increased community-based treatment programs to longer terms of incarceration.
Creating a statewide juvenile justice data system to remedy current problems with a lack of central record-keeping.
Starting a program for juvenile first-time offenders that includes before- and after-school supervision, along with other treatment, in addition to the student's regular school activities.
Returning to a highly structured environment in the state's juvenile correctional centers, with an enhanced emphasis on personal responsibility, work requirements and a military-school-style daily regimen.
Forming regional alternative education programs for students who disrupt classrooms or cause other problems at school.
Allowing judges who send juveniles to either juvenile or adult prisons to order the parents to make payments to help defray the cost of incarceration.
Building more facilities to hold juveniles before their trial, in response to serious overcrowding at most of the state's regionally operated juvenile detention homes.
Renaming the Department of Youth and Family Services the Department of Juvenile Justice to "reflect new priorities."
The commission is scheduled to meet Wednesday to issue a final report.
The Jones Commission
At a meeting last week in Richmond, a Commission on Youth task force headed by Del. Jerrauld Jones, D-Norfolk, put the finishing touches on a plan that focuses more on crime prevention than punishment. Some highlights:
Extending the length of time a juvenile court judge can sentence a youth from his or her 21st birthday to his or her 25th birthday. If the offender has not made significant progress in the juvenile system by his or her 18th birthday, the youth could be transferred to the adult system to serve the rest of the sentence.
Increasing school systems' accountability for identifying and intervening with truants, and enhancing the punishments for parents who allow their children to skip school regularly. Also, implementing truancy intervention programs in high-need school districts.
Requiring parents to accompany their children to all court hearings, and allowing the court to sanction parents who do not take "reasonable steps" to control their children's conduct.
Easing the caseload of overworked probation officers, based on the nationally recognized ratio of one officer for every 30 offenders.
Authorizing more funding for community-based counseling services.
Opening juvenile court proceedings involving violent crimes, while maintaining the current practice of letting judges decide who can attend other hearings in juvenile court, and making it explicit that victims of crimes have a right to attend. Also, conducting a study on the issue of whether confidential juvenile records should be made public.
Increasing the involvement of mental health services at the community level for juveniles in court, and providing mental screening for certain youths entering secure detention.
Changing the law to allow an intake officer to divert charges against a juvenile only once, requiring all subsequent petitions against the youth to be taken to court.
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