Lawmakers Stalling on Juvenile Justice

American prisons are no place for children. Just ask Tracy McClard, a mother whose teenage son hung himself in an adult county jail cell rather than be transferred to a state prison.

McClard recently testified before a House committee in an effort to keep teens out of prison. She spoke about the beatings her son experienced at the hands of other teens while locked up, the psychotropic medication he was given under state care, and how he began lifting weights and bulking up -- hoping to enter prison more of a man than a boy.

While Jonathan McClard certaintly wasn’t without his his faults, convicted of shooting another teen, he was a child and only one of many caught up in the system. Ms. McClard’s testimony was joined by that of other advocates of juvenile justice reform, all seeking to have an important, decades-old act reauthorized.

The Juvenile Justice and Delinquency Prevention Act (JJDPA) was initially passed in 1974. Over the years, it has provided millions of dollars in funding to states that took steps to protect their youths and promote a progressive juvenile justice system. The JJDPA required states to follow a series of protections in order to receiving funding.

These “core protections” called on states to keep children out of adult jails and lock-ups whenever possible, separating them by “sight and sound” from adults in those institutions when other housing options weren’t available. It also mandated that children not be institutionalized for status, or non-criminal offense.

Finally, the JJDPA asked states to address the disproportionate confinement of minority juveniles. Although juvenile crime has been falling consistently for years, over 31 million youth were under the jurisdiction of juvenile courts in 2007. Most recently reauthorized in 2002, the JJDPA is overdue for reauthorization again.

Last December, the Senate Judiciary Committee approved S.678, a bill to reauthorize the act. Since then, however, no major moves have been made on Capitol Hill to make this authorization a reality. With no companion legislation in the House of Representatives, a campaign has been launched by advocates who recognize the urgency of providing funding and direction for the juvenile justice system.

Advocates are calling on lawmakers to support the original JJDPA while expanding it to further promote the rehabilitation and humane treatment of juvenile offenders. It seems the tough on crime era has done significant damage to how many people view even the youngest juvenile defendants. Apparently it’s necessary to remind lawmakers and the public alike that if anyone deserves a more therapeutic treatment within the system, it’s the children.

While some states have taken the initiative to introduce legislation reforming their own systems, federal direction and funding are crucial in getting all states on the same page. Numerous organizations have stepped up to urge lawmakers forward in enacting a bill to reauthorize the JJDPA.

The Campaign for Youth Justice is one such organization doing their part to protect children within the criminal justice system. Join them in calling on the both the House of Representatives and the Senate to take a stand for the youth of this country.

Photo Credit: Circulating