Juvenile Justice Bill is Dangerous, Lacks Data | Opinion

By Dan Rubinstein, Janet Rowland and Dan Robinson Updated Mar 29, 2023

Colorado Politics https://www.coloradopolitics.com/opinion/juvenile-justice-bill-is-dangerous-lacks-data-opinion/article_8c05c7cc-cdef-11ed-aff4-0bc482178766.html

The proposed Colorado House Bill 23-1249 poses a threat to successful programs that aim to prevent kids from getting involved in the juvenile justice system. The legislation seeks to prohibit the use of the juvenile justice system for children between the ages of 10 to 12. This would result in numerous negative consequences.

It appears to be more of a statement of dissatisfaction with the current system than a serious attempt at legislation. Nonetheless, it is dangerous and lacks reliable data to support it.

However, state Sen. Janice Rich and state Reps. Matt Soper and Rick Taggart are working with us to oppose this legislation. We hope they can persuade other sensible legislators to join them in halting this bill.

Over the past few years, we've made significant improvements to our juvenile justice system, including increased use of diversion programs. However, the myth that we are locking up too many kids is dishonest.

In reality, the overwhelming number of offenders in this age group are put into diversion programs to receive treatment and other rehabilitative resources. They never see the courtroom, nor are they ever incarcerated. In fact, in the last decade, statewide, only three 12-year-olds have been committed (one in 2013-14, one in 2017-18, and one in 2019-20), and only one 11-year-old has been admitted to commitment (in 2013-14).

At the Lighthouse — a project partnership with the Mesa County District Attorney’s Office, Mesa County Valley School District 51, Colorado Mesa University and others aimed at keeping Mesa County youth out of the justice system — we believe in helping kids as early as possible. It is possible to detect signs children are having difficulties as early as second grade. The period between second and sixth grade appears to be the ideal time to intervene and provide early support to help them overcome their challenges.

This proposed legislation has numerous negative consequences, far outweighing any potential benefit.

First, law enforcement can only investigate cases if a crime has been committed, so any crime committed by a perpetrator under the age of 13 would go uninvestigated.

Second, successful diversion programs, like the Lighthouse Project, exist because families can receive services as an alternative to going through the court system. Without this option, the success rate of getting families to sign up for services decreases significantly. We can and will continue to try to sign families up for services on a voluntary basis. Still, the success rate of getting them signed up, and their level of engagement if they sign up, are much lower if we do not have the option to file charges if they refuse.

This bill offers the dependency and neglect (child protection) system as the potential backstop in place of the juvenile justice system should a child or family refuse services. The dependency and neglect system is much less capable of handling court orders for both the child and parents than the juvenile justice system, which has the children and the parents named as parties and subject to court orders in every case.

Victims will be left without any confidence their offenders will be held accountable or that they or others will be safe. Victims will not be given the same access to information or services as our current system.

Can our system be improved? Always. However, House Bill 23-1249 is not the solution. It will have a negative impact on thousands of kids and families in Colorado because of a misguided desire to end something that is a myth. Our highest-risk kids deserve every fighting chance to get services delivered to them in the way most likely to show them a path to success.

Dan Rubinstein, a Republican, is the district attorney for the 21st Judicial District of Colorado, the creator of the Lighthouse Project and the current president of the Colorado District Attorneys’ Council. Janet Rowland, a Republican, is a county commissioner in Mesa County and the former executive director of CASA of Mesa County. Dan Robinson, a Democrat, is a Municipal Court judge for multiple Western Slope cities and the former director of Grand Mesa Youth Services.