Santa Clara County On Verge of Progressive Juvenile Justice Reform

Officials in Santa Clara County, California, are coming together to potentially make some pretty significant changes to the juvenile justice system there -- changes that could signal a recognition by local officials that juveniles are “not just short people," as Juvenile Court Judge Patrick Tondreau has said, but a unique population with a unique set of needs best served by a cooperative effort focused on treatment and prevention, rather than punishment.

At the recent State of the County address, Santa Clara County Supervisor Dave Cortese said he would like to see 2011 be “The Year of the Child." He went on to add that his ultimate goal would be to put the local juvenile hall “out of business.”

Among the changes he’s suggesting is raising the age at which children are sent to lock-up. Currently, policy recommends against jailing anyone under the age of 13. As if that wasn’t low enough, reports of kids as young as 10 being locked up in the juvenile hall have circulated. “Eventually," he says, he would like to see that age raised to 16. While it’s unclear just how soon “eventually” is, we’re calling on him to get it done now.

County Supervisors aren’t the only ones recommending reform. The Santa Clara County Juvenile Justice Commission has proposed the county change its probation department as well. Currently, probation services for adults and juveniles are combined. A formal separation of the two would ensure officers have the training and resources to cater to the needs of young people. And while opponents state the probation separation would cost too much, the commission has issued a report suggesting there would be little, if any, added cost to the county.

A few local probation officers, including one chief and one union official have spoken out against the proposed probation department changes. It’s understandable why they would be resistant. The commission’s recommendations include hiring officers who “want to work with youth," implying those currently on the job don’t. But, hurt feelings aside, if officials truly want to work with juveniles, nothing would stop them from working under the newly created juvenile probation department aside from additional training -- training that would tend to interest someone who really wants to work with juveniles.

The commission’s report suggests that the current probation system doesn’t just allow for officers with no juvenile experience to switch back and forth between supervising adults and children, it might actually encourage it. No separation between departments means the annual bidding process that goes on for positions can be “played," offering a better position with more pay and seniority supervising adults, instilling no sense of loyalty, with juvenile officers consequently switching back and forth in pursuit of a raise.

Youthful offenders are far different from adults in many ways. They aren’t just smaller; their propensity for rehabilitation is much greater as they haven’t yet developed impulse control and risk assessment. As they develop into adults, we can either guide them and show them how to make better decisions or we can treat them like the adults, lock them up and let them figure it out for themselves.

Santa Clara County is just one small cog in the juvenile justice system. But officials there are signaling they might be ready for change. A small local reform and resulting success there could be the motivation for the next county to make similar progressive changes. With this and the children of Santa Clara County in mind, tell officials there to raise the minimum age for entrance into juvenile hall. Also call on them to separate their probation department, providing services tailored to the unique needs of the juvenile population.

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Photo Credit: Javier Agnacio Acuna Ditzel