Indiana Black Legislative Caucus
LEGISLATION of INTEREST 122nd Indiana General Assembly 2021 - First Regular Session issues 2021 This year's edition of our annual IBLC Legislation of Interest can be downloaded by clicking here |
|
Legislative Watch
LEGISLATIVE ALERT 4.08.2021 provided by CPLI
SB 368 Juvenile Justice passed out of the Indiana House of Representatives with an 87-0 vote on April 8. 2021! Rep. McNamara, co-sponsor of the bill, advocated for the bill on the House floor, calling the bill “historic.” Be sure to check out the attached Indiana Lawyer article that just came out this week. The good news is, this bill is well on its way to becoming Indiana law!
SB 368 addresses three critical issues for advancing youth justice in Indiana:
Removal of children from adult jails while awaiting trial in the adult system; Juvenile Competency to Stand Trial, so children with mental illness, disabilities or just too young, do not enter the juvenile justice system in order to access services; and Automatic Expungement of juvenile misdemeanor records so that collateral consequences do not follow youth, placing barriers to education, employment, joining the military, housing and other essential aspects of life. SB 368 is authored by Sens. Karen Tallian (D), Jean Breaux (D), Sue Glick (R) and Jim Buck (R)—and includes important policies designed to treat children in an age- and developmentally-appropriate manner, confront systemic racism, disrupt the school-to-prison pipeline, and protect children in the justice system from dangerous and overly punitive practices. Rep. Wendy McNamara (R), along with Reps. Greg Steuerwald (R), Matt Pierce (D) and Ragen Hatcher (D) co-sponsored the bill in the House. Please call or send emails thanking them all, and your own legislators today!
Over 55 organizations and coalitions supported this bill, and countless individuals testified, wrote letters, made calls and sent emails to make this happen.
LEGISLATIVE ALERT 2.25.2021
CALL OR EMAIL YOUR SENATOR AND REPRESENTATIVE
Tell them that SB 197, HB 1256, and HB 1369 must be amended to eliminate gun possession offenses from the direct file statute. All children charged with gun possession should have their cases begin in the juvenile court, which is best equipped to provide for their safety and treat their risks and needs. To not do so, will result in more children being tried as adults.
SB 197 and HB 1256
These bills will reinstate the offense of Dangerous Possession of a Firearm after its recent invalidation by the Indiana Supreme Court. Doing so will reactivate another law – a provision in the direct file statute – that mandates that 16 and 17 year old children who are charged with felony dangerous possession of a firearm must face prosecution in adult court.
HB 1369
This bill eliminates the requirement of a permit to carry a handgun, but also creates a new offense – Unlawful Carrying of a Handgun – that will broaden the net of direct file on handgun possession, swooping more children into the adult criminal justice system
While SB 197, HB 1256, and HB 1369 have provisions that seek to address the public health and safety concerns about children possessing guns, they create consequences that harm children and make communities less safe. If a 16 or 17-year-old is charged with the enhanced felony firearm or handgun possession offenses, their case is filed directly in adult court, regardless of whether the child and community would be better served by the juvenile system.
Children with gun possession offenses should be prosecuted in the juvenile court. If SB 197, HB 1256, and HB 1369 are passed, they must include amendments that remove the children and firearm provision from the direct file statute, IC § 31-30-1-4(8) & (9). Contact your legislators today to share your support for these critical amendments. You can find the name and contact information for your legislator by visiting http://iga.in.gov/legislative/find-legislators/ or calling (317) 232-9400 (Senate) for HB 1256 and HB 1369 or (317) 232-9600 (House) for SB 197.
BACKGROUND INFORMATION
WHAT IS DIRECT FILE?
Under Indiana Code, certain charges must be filed in the adult criminal court if the accused child is 16 or 17 years old. This “direct file” practice strips judges of any discretion to use the protections and rehabilitative aims of the juvenile system – a system specifically designed for children!
WHY ARE THESE AMENDMENTS SO IMPORTANT?
In response to scientific evidence on the differences between children and adults, many states are working to limit the number of children transferred out of juvenile court. The juvenile justice system is designed to provide services and supervision to effectively address a child’s needs and risks in a developmentally-appropriate manner. By amending these bills to remove the gun possession offenses from the direct file statute, 16 and 17-year-olds will be able to receive these rehabilitative services and public safety measures. These bills as currently written will instead broaden the reach of the direct file statute… a trend making Indiana an outlier across the nation.
Talking Points for You to Use!
CALL OR EMAIL YOUR SENATOR AND REPRESENTATIVE
Tell them that SB 197, HB 1256, and HB 1369 must be amended to eliminate gun possession offenses from the direct file statute. All children charged with gun possession should have their cases begin in the juvenile court, which is best equipped to provide for their safety and treat their risks and needs. To not do so, will result in more children being tried as adults.
SB 197 and HB 1256
These bills will reinstate the offense of Dangerous Possession of a Firearm after its recent invalidation by the Indiana Supreme Court. Doing so will reactivate another law – a provision in the direct file statute – that mandates that 16 and 17 year old children who are charged with felony dangerous possession of a firearm must face prosecution in adult court.
HB 1369
This bill eliminates the requirement of a permit to carry a handgun, but also creates a new offense – Unlawful Carrying of a Handgun – that will broaden the net of direct file on handgun possession, swooping more children into the adult criminal justice system
While SB 197, HB 1256, and HB 1369 have provisions that seek to address the public health and safety concerns about children possessing guns, they create consequences that harm children and make communities less safe. If a 16 or 17-year-old is charged with the enhanced felony firearm or handgun possession offenses, their case is filed directly in adult court, regardless of whether the child and community would be better served by the juvenile system.
Children with gun possession offenses should be prosecuted in the juvenile court. If SB 197, HB 1256, and HB 1369 are passed, they must include amendments that remove the children and firearm provision from the direct file statute, IC § 31-30-1-4(8) & (9). Contact your legislators today to share your support for these critical amendments. You can find the name and contact information for your legislator by visiting http://iga.in.gov/legislative/find-legislators/ or calling (317) 232-9400 (Senate) for HB 1256 and HB 1369 or (317) 232-9600 (House) for SB 197.
BACKGROUND INFORMATION
WHAT IS DIRECT FILE?
Under Indiana Code, certain charges must be filed in the adult criminal court if the accused child is 16 or 17 years old. This “direct file” practice strips judges of any discretion to use the protections and rehabilitative aims of the juvenile system – a system specifically designed for children!
WHY ARE THESE AMENDMENTS SO IMPORTANT?
In response to scientific evidence on the differences between children and adults, many states are working to limit the number of children transferred out of juvenile court. The juvenile justice system is designed to provide services and supervision to effectively address a child’s needs and risks in a developmentally-appropriate manner. By amending these bills to remove the gun possession offenses from the direct file statute, 16 and 17-year-olds will be able to receive these rehabilitative services and public safety measures. These bills as currently written will instead broaden the reach of the direct file statute… a trend making Indiana an outlier across the nation.
Talking Points for You to Use!
- Direct file makes our communities less safe: Children placed in the adult system have 34% more re-arrests and are re-arrested at faster rates and for more dangerous crimes that children who enter the juvenile system. Children charged with guns offenses in juvenile court are often held in juvenile detention until the cases resolve. When they are released, it is usually with court-ordered supervision conditions and services individually tailored to address the child’s risks and needs. In contrast, children prosecuted as adults are often quickly released on their own recognizance or afforded bond and are back in the community without services to support their safety. This makes our communities less safe during a critical time where intervention is most needed.
- Direct file disproportionately impacts children of color: Even though Black youth make up 73.7% of children directly filed, they account for only 14% of the state’s juvenile population and 35.5% of the cases in juvenile court. Overall, 83.5% of children directly filed in Indiana are children of color.
- Children are fundamentally different from adults: The brain areas involved in reasoning and self-control are not fully developed until a young person enters his mid-20’s. Children are not only less culpable for their actions, but more capable of rehabilitation. Science has shown that children have greater capacity for fundamental change as they mature. Placing them in the adult system denies them that opportunity to evolve.
- Children should not receive a felony conviction for an act that will be legal in one or two years: It is legal to own and carry a gun in Indiana at age 18. (And under HB 1369, a license wouldn’t even be required anymore!) Yet, gun enhanced possession offenses can land 16 and 17-year-olds in the adult system with a felony record. While the legislature has a critical interest in ensuring public safety relating to children and guns, exposing teenagers to the criminal justice system and potentially saddling them with felony convictions is traumatic and excessive. The consequences that arise from a criminal record creates barriers to education, employment, housing, and military service– jeopardizing the child’s potential for success in the future.
- Judges would retain discretion to waive in rare cases: Eliminating gun possession from the direct file statute does not prevent waiver of a youth to adult court. If the State requests waiver, a judge would review the facts and make an individualized determination as to whether the child is beyond the rehabilitation of the juvenile court and should be tried as an adult.
Legislative Watch Using Legiscan
To view bills currently presented during the most recent legislative session at the Indiana General Assembly we recommend visiting Legiscan, a site that allows you to view legislation from federal and state bodies. To narrow your search for Indiana specific topics on Child Welfare, Education, Health, Juvenile Justice, and Mental Health, add those descriptors into the Full Text Search box. Click here.
To view bills currently presented during the most recent legislative session at the Indiana General Assembly we recommend visiting Legiscan, a site that allows you to view legislation from federal and state bodies. To narrow your search for Indiana specific topics on Child Welfare, Education, Health, Juvenile Justice, and Mental Health, add those descriptors into the Full Text Search box. Click here.
Marion County Commission on Youth (MCCOY) and Children's Coalition of Indiana (CCI)
actionTRACK Report
actionTRACK Report