It’s Time To Untie Judges’ Hands

Seemingly bent on copying the paralysis in Congress, Washington’s Legislature has locked up over an important effort to reform laws that govern sentencing for juvenile crime.

Juvenile crime cries out for action. Back in the ‘70s when current laws were written, Juvenile Court dealt mainly with miniature thieves. Today, however, it struggles with remorseless gangsters, rapists, murderers - and a horde of wannabes. Meanwhile, the rigid point system that governs juvenile sentencing has become a joke to street-wise offenders who know just how tightly judges’ hands are tied.

Some legislators want to keep dropping the age at which violent juvenile offenders must be transferred to adult court. But justice-by-the-numbers is a problem, not a solution.

Judges need more discretion so they can intervene appropriately with the tough punishment and individually tailored treatment needed to stop youngsters headed for criminal careers.

For the most serious crimes committed by young offenders, Juvenile Court judges occasionally could use a third option when they are deciding between the two choices they now face.

One choice is to keep offenders in the juvenile system, but then, when they reach age 21, the juvenile system loses all jurisdiction and must release them. The other choice is to transfer 12-year-olds, for example, to the brutal adult prison system.

A third option, backed by Washington state Attorney General Christine Gregoire and used in the state of Colorado, offers the best of both worlds: The juvenile system could keep jurisdiction over offenders to age 21, using its youth-oriented confinement, treatment and education facilities. When the offenders turn 21, the court would evaluate their progress and decide whether parole is warranted. If it isn’t, Juvenile Court could pass the offenders into adult prisons.

Now, older teens in the juvenile system know they’ll go free at 21 no matter how little they cooperate. The third option would create an incentive for offenders to participate in schooling and drug counseling, for instance. Plus, it would empower courts to imprison unrepentant offenders for whatever length of time adult laws require.

This proposal was passed by the state Senate but is encountering undeserved resistance in the House. It is not enough merely to lock kids in cages - because the doors almost always swing open. Instead, the Legislature should equip judges to be smart and responsive in the war on juvenile crime.

, DataTimes The following fields overflowed: CREDIT = John Webster/For the editorial board