9. February 2010 by Rev Young.
In studying the advent of prison in America, one might be surprised to find that England established penal colonies in the British colonies here in America. France established penal colonies in Louisiana. These colonies were used as punishment for those convicted of crimes that were not subject to corporal punishment or hanging. They sent prisoners to these colonies as indentured slaves and upon arrival, would be auctioned to landowners. Others were put to work to help build and establish ship yards, buildings for government institutions and the like.
When this mode of punishment was no longer available, the advent of punishment in the town square became common place. Whether being held in stocks, or chains, being branded or having to wear an emblem that identified the transgressor.
Later came the prison or penitentiary. These buildings were used for the same purpose as penal colonies. They were to separate the criminal from the rest of society and cause them to pay a penance for their crime. Most early penitentiaries required that inmates housed there held jobs. These jobs produced income both for the penitentiary and for the inmate himself. The inmate was also secluded for time of reflection.
In Colorado, the first penitentiary (Territorial) was established without cost to the state. As a matter of fact it was determined that this facility was not to have any cost imposed on the state at all. This facility had to establish revenue streams that would guarantee it’s ability to provide for inmates and still pay salaries. Territorial had gardens, a farm, industry, laundry services, administrative services, banking services, culinary services and all manner of provision to care for inmates while they were housed. The requirement was that the inmate had to pay a penance to the facility for his incarceration, take care of his needs and turn the remainder of his income over to his family. When an inmate left the penitentiary, he would have a savings to begin his new life in the community, he would have job skills and he would have paid his debt to society.
We have removed our self from any form of rehabilitation or penance in our prison facilities. Instead we have turned to brutality, abuse, destruction of the human spirit and the permanent label of criminal on all who have been sentenced to our prison system. We do our best to break down social behavior and put every inmate on the defense of his survival inside a violent institution.
We have the historical data and the numbers to prove that our current criminal justice practices do not work to build a stronger country. We have seen the impact of the war on drugs and our tough on crime policies. We, as Americans, fell for the rhetoric that our policy makers spouted, declaring that we would be a safer and stronger America. We no longer believe you!
After 30 years of policies that benefited no one except those who are part of the prison machine, we need let our policy makers know that we do not support their failed rhetoric. We have established systems that degraded citizens of this country, destroy families, burden communities and governments and leave us in a state of brokenness.
I don’t know about you but when I buy something from the store that does not work, I return it. I refuse to pay for something that does not work. I am saying that about our prison system now. I refuse to pay for our prison system because it does not work. It does not make our communities safer or stronger. Instead, we have created a new sector in our society called “criminal”. They are forever labeled and we have made it impossible for these people to ever succeed in our communities.
Our sentences are too long, we do not teach them about the impact their crimes had on their families or communities. We do not help them reform their behavior, become educated, become skilled or give them a sense of responsibility for their own success. Other countries do. Other countries have seen the insanity of their policies and procedures and reformed their system. It is insane you know, to continue doing the same thing and expecting a different result.
We need to completely overhaul our system. We need to treat them as people who are flawed and have caused harm. We need to hold them accountable both on a personal level and on a material level. We need to rerehabilitate or habilitate them. We need to insure they have an education a skill and goals. We need to do this so that they can be successful in the future and help us to build a strong nation. If they are not successful then we will carry them for their life.
It seems to me that the best thing we could do, and the strongest punishment we could impose on someone who has violated the law, is to require they get better and repay the community they wronged.
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8. February 2010 by Rev Young.
I am proud to present the work of Marc Homer from Wyoming Kids Count. He and his very creative team have released a video trailer and are soon to release a documentary (spring 2010) on juvenile justice policy and juvenile reform.
Although this video describes the condition of juvenile delinquency policy in Wyoming, it mirrors the same hurdles for juvenile reform that we all face across this nation. We have inconsistencies in policy across our states, antiquated policies and systems and virtually no available statistics to track our successes or failures.
If we are to address the enormous prison population in this country, we must first address the opportunities we have for diversion. This starts with our youth and those who are forced into a system that causes them hardship throughout the rest of their lives. If we are going to have a future with future leaders we need to be more cognisant of our young people and come along side them when they fail, give them better tools for success and stand by them as they try their wings.
I like the way Sen. Alan Simpson put it, “We need to get down in the muck”. I also like the sentiment that another man expressed. We need to look at all of these kids as if they were our own.
Please go to www.wykidscount.org and take their brief survey after you have watched the video. Enjoy!
Juvenile Justice in Wyoming from Marc Homer on Vimeo.
Posted in Legal News, Prison Reform Advocates, Juvenile Reform Advocates, Juvenile Offenders, From Families of Juvenile Offenders | Print | No Comments »
5. February 2010 by Rev Young.
In light of the recent spree of robberies in Colorado Springs Colorado, the District Attorney has decided to charge all juveniles who have been charged in these crimes as adults. The District Attorney wants to send a message to those who are committing serious crimes, they will face serious consequences.
It is admirable that the District Attorney wants to send a message to the community that the current crime spree is not to be tolerated. However, singling out these juveniles as examples is discrimination. Further more, using his authority to make examples of these young people is a violation of their constitutional right to a fair trial by a jury of their peers.
http://www.gazette.com/articles/suspects-93209-adults-teen.html
Much debate has ensued over the ability of a district attorney to decide the future of individual lives by giving the district attorney the sole right and responsibility to decide whether or not to direct file a juvenile into adult court. This is a good example why that power should not be given to one authority.
Then I want to present another case before you. The case of solitary confinement of juveniles in county jails and prisons. The practice is abhorrent in ANY human situation, it is especially abusive when it come to children.
For those of you who are unfamiliar with the practice of solitary confinement, let me give you the details. In order to “protect” or isolate a juvenile that has been charged in adult criminal court, the county jail must isolate the juvenile from adult inmates. This requires that they hold them in solitary confinement. They are in lock-down 23 hours per day, being allowed out for a shower, a phone call or possible exercise, their food is pushed through a slot in the door. They are not given opportunities for education even though they have not been found guilty of any crime. Visits with their families are through plexiglas windows or on video cameras. In adult prison facilities, the practice is the same. Many juvenile offenders are put into super-max facilities and held in these solitary conditions merely because of their age.
This week in Texas, a couple was charged with child abuse because they held their daughter in a closet. Reportedly her parents were keeping her in this closet as punishment for taking food out of the refrigerator. She was allowed out of the closet to attend school, use the restroom and sometimes to eat. The girl was 12 years old.
http://www.brownsvilleherald.com/news/police-108104-year-girl.html
The actions of her parents are seen as criminal. The actions of our criminal justice system are seen as justifiable because the kids who have been charged with crimes are viewed as a threat. As soon as they are arrested and charged, we remove their face (humanity) and replace it with the label “criminal”. The punishment that her parents imposed on her is abusive, especially in light of her “crime”. The physical result of the time this little girl spent in the closet was malnutrition and more. We see the same physical results with youth held in solitary confinement….or worse…..they commit suicide. Unlike this little girl, they are not allowed to go to school and have interaction with other human beings. They are completely isolated.
I believe it is time to call the solitary confinement of human beings what it really is……ABUSE!
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25. January 2010 by Rev Young.
There have been many articles released recently on the laws that condemn youth to prison, the conditions and abuse in prison and the practice of solitary confinement in the United States. If we take all of these articles (links below) and fit the pieces together to create a picture of prison in America…..we violate all standards of a civilized nation. In addition, if we look at the impact that these institutions have on our communities, states and nation we are creating a cesspool of decay.
I, along with many other concerned citizens, will be attending a conference on prison cost and the impact on our state. I do not think we have stopped to realize the far-reaching impact that prisons will have on our nation for the next twenty years IF WE INCACERATE NO ONE ELSE IN THAT TIME. The tough on crime laws, the mandatory sentencing movement and the long prison sentences that have been handed out over the last 10 to 20 years will impact our state budgets for many years to come.
We have been filled with propaganda from our legislators and district attorney’s concerning the severity of punishment that was needed to stop crime in America. There policies, laws and incarceration practices have not stopped crime and have created a new community of citizenship in this country. The “forever” criminal. Those who have served time in prison will never have that information erased from their life history. This is not implying that it would be erased from memory. That will never happen. What I am talking about is the large number of citizens that will carry the label of felon or inmate for the rest of their lives. This means that they are not eligible for work in most companies. This mean that they cannot provide for themselves and their families. This means that we are creating a large sector of our society that will always be at risk of failure.
The prison system itself does not teach the person they are holding how to become a better citizen. The system does not create more stable people. The system does not give people better coping skills, education, job skills or relationship skills. Instead the system further breaks down the person they are holding. Now I must be fair and state that some facilities in this country have begun looking for better prison practices and have incorporated successful programs in their facilities that assist people in becoming successful in the future.
As a citizen of this country, I no longer want to pay for a system that does not produce positive results. As a citizen of this country, I do not want to continue supporting laws, practices or institutions that threaten the ability of my community to be healthy and vibrant. As a citizen of this country, I do not want to continue building prisons that destroy humanity while being unable to fund education, rehabilitation or elder care. I want a better solution.
I do not see the benefit of long prison sentences in prison that do not rehabilitate their charges. I do not see the benefit of tough on crime laws that have not impacted crime rates and have only created a portion of society that has little or no chance of leading a successful life. As a citizen of this country, I do not want to be responsible for the torture, abuse or death of people who are in the care of the state and therefore in my care.
Sometime ago, I announced that Senator Webb had introduced a bill that called for the investigation and reporting on the condition of the criminal justice system in America. We are poised and ready for change. We need change.

Senate Committee Passes
National Criminal Justice Commission Act of 2009
The bi-partisan National Criminal Justice Commission Act of 2009 (S. 714) was passed out of the Senate Committee on the Judiciary today by voice vote. The legislation, sponsored by Sen. Jim Webb (D-Va.) would create a commission to conduct a thorough evaluation of the nation’s justice system and offer recommendations for reform at every stage of the criminal justice system.
The establishment of such a commission could not come at a more critical time. With 2.3 million people in prisons and jails, the United States has the highest incarceration rate in the world. Federal and state governments spend more than $50 billion each year on corrections, and the population behind bars continues to grow.
ADULT TIME FOR STEALING A PACK OF GUM FROM ANOTHER TEEN
http://www.cnn.com/2010/CRIME/01/15/connecticut.juvenile.ages/
WHEN LIFE IS CRUEL http://www.latimes.com/news/opinion/editorials/la-ed-lwop14-2010jan14,0,4639361.story
JUVENILE SEXUAL ASSAULT IN PRISON http://www.justicefellowship.org/what-is-restorative-justice/justice-fellowship-resources/14157-twelve-percent-of-juveniles-in-custody-are-assaulted-sexually
BATTLING SOLITARY CONFINEMENT http://solitarywatch.wordpress.com/2010/01/22/americas-most-isolated-man-sues-the-bureau-of-prisoners/
Posted in Legal News, Prison Reform Advocates, Juvenile Reform Advocates, From Families of Juvenile Offenders | Print | 1 Comment »
16. January 2010 by Rev Young.
As reports and strategies for 2010 on issues that concern our communities continue to come forth, I want to try and help us connect the dots. Most of the time we tend to focus on our particular area of interest and passion when we should be stepping back to look at the landscape around us.
This week a conference was held to release numbers concerning the deaths of children as a result of abuse or neglect in the state of Colorado over the past seven years. The article was titled “Colorado’s Number of Shame” 179 children killed from abuse and neglect over the past seven years http://www.denverpost.com/billjohnson/ci_14162798source=rsshomecol#ixzz0cMQm0uMW This was an editorial written by Bill Johnson who attended this conference. Thank you for your report. I want to add that you may be able to find statistics for your state by accessing the report from Every Child Matters http://www.everychildmatters.org/images/stories/pdf/wcdb_report.pdf.
The Denver Post article goes on to report that in fiscal 2008-9 there were 76,000 reports of child abuse and neglect. The state investigated 1 in 3 of these reported cases and of those investigated only 22% received child services. The report goes on to give statistics concerning the future outcome for those children that suffer in a place of neglect and abuse. The article lists high school drop out rates, teen pregnancy rates and the instance of homelessness. However, the impact and devastation is further reaching and continues to impact and burden our state. More on this in a minute.
The other facts that are very evident to many who deal with children, is that the risk for failure in a child can be spotted at an early age. There are education professionals that will tell you they can discern as early as the first grade whether or not a child will complete high school. The will tell you that they can spot the evidence of neglect in a home. They can tell you which children come from a home where there is a lack of parental supervision or interaction.
We also know, from extensive case study and reports, that children who come from a home where there is drug and alcohol abuse are at risk of becoming addicted themselves at an early age. We know the things experienced in the home become the social patterns of these young children for the future.
The next step on this path of failure for these young children is often through prison doors. Those who come from addicted or neglectful homes often turn to drugs and alcohol. This leads to addiction and securing ways to feed their addiction. In the state of Colorado, 66% of our prison population is there because of drug related crimes. If you are dealt with in a violent manner in your home, you learn to deal with stressful situations with violence. If you grow up in a home where rules are broken, where the things that are not supposed to happen to you DO happen, you do not learn right from wrong. Let me emphasize that statement because it is very important for us to hear and understand. There has been much discussion and controversy over the ability of a young person to make adult decisions and be held accountable as an adult for their actions. First and foremost kids are not adults. They do not have the mental capacity to live past, or see past, the events that are right in front of them. This is true of a “normal” adolescent that has been raised in a positive environment. Now add to that immaturity, the impact of being raised in an environment where violation of right and wrong is an every day occurrence. They are not taught nor have the ever experienced the difference between right and wrong. They are told that abuse is wrong (from outside sources) but it happens in their home. They are taught (in school) that drugs are bad and can lead to a life of destruction but it is an everyday occurrence in their home. They are told and disciplined for the use of violence to solve problems but that is how problems are solved at home.
The lack of focus on juvenile reform issues, addiction treatment and child protection has resulted in a bulging prison system. We take those who have been neglected, abused and unprepared for successful futures and confirm their lack of worth by condemning them to prison. Our focus has been on “tough on crime” policies. We may be better served by focusing on the health and welfare of the members of our community.
The problem we face now is how to stop this destructive cycle and make positive changes. The Department of Human Services will tell you that the reason they cannot investigate and care for all of these children, is because of a lack of funds. The educators will tell you the reason they cannot have more influence in a child’s future, is because of a lack of funds. The juvenile delinquency professionals will tell you that the reason they cannot serve all the children in need, is because of a lack of funds. Addiction treatment centers will tell you that the reason they cannot treat those with an addiction problem, is because of a lack of funds. The prison system will tell you that the reason they cannot focus on reform and re-entry is because of a lack of funds. Our state is broke. Most states are broke and most states could not afford to increase the funding to these organizations to meet the needs of their population.
We need renewed social responsibility. Not in the form of government programs but in community based centers that create new revenue streams. I will give you an example. I know of a man who opened a florist shop. He, himself, only took a salary from the business. He employed people who had served time in prison and helped with re-entry for these individuals. He took the profit from his business to fund an organization that helps offenders transition from prison to their communities. I know of people who have created businesses that created jobs for homeless people, single mothers and former offenders and the profit from these businesses purchased affordable housing that was also available to those in need.
If we are going to find solutions to the problems we are faced with and the budget crisis in our states, we are going to have to be creative and innovative. We have the skills, the knowledge and the resources. Do we have the tenacity, the strength and the heart?
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8. January 2010 by Rev Young.
Before the beginning of every year, organizational presidents, vice presidents and board members sit around the table trying to develop a winning strategy for the coming year. It is the same in the world of advocacy. We review the past season’s accomplishments and the items that we could not check off our list. We look at the current political climate, the agendas of other organizations, we toss around the general feelings of the public, count the opposition and start a new plan.
The story is always the same, the debate is always the same and it is always based around the current political climate. We feed off of each others catch phrases, we hire experts to help us frame our message appropriately so that we reach a wider audience and we try to ascertain who our allies are. These are all good strategies if we are trying to work within the constraints of the political process.
As the course is set for the coming year, there are statistics to consider. These are not figures reported in the countless documents that are generated concerning the size of our problem. The consideration should be the individuals that become the statistics in these reports. As we develop strategy’s and confer with each other concerning the politically correct message that will cause change, our prison population ages. As we agonize over words, pictures and messages, 14 year old kids are being sent to adult prisons. As we divide the lists of politicians into “friend or foe” people are abused, mistreated, abandoned and condemned to a life in prison.
If we are to have any impact I believe we need a new language and a new level of awareness. This is not about political process, government agencies or any of the old rhetoric we have become so accustomed to using. This is about people, reality, honesty and justice. We need to be prepared to speak truth and accept truth.
In October of this past year, a 14 year old boy was arrested and charged with killing his parents. In Colorado the District Attorney has the sole authority and right to decide whether or not this young man should be charged as an adult. He was. Then the court was left with the problem of where this kid would be housed. The arguments were heated and loud as the judge tried to decide whether or not to send this young man to county jail where he would be held in solitary confinement during the course of his proceedings and trial. We are a country that declares you are innocent until proven guilty yet we are willing to subject a possibly innocent person to cruel and unusual punishment. Even if this child is guilty of the crimes he is charged with, did it ever occur to anyone that he was in need of serious help? 14 year old kids do not kill out of evil malice, only adults with an agenda do that.
Because we, as advocates, have been met with hostility and vehement opposition from victims advocacy organizations and District Attorney’s, we have softened our stance, our language and learned to re-present the truth in a more palatable manner. It has not worked.
We need to start by stating the facts. Our current criminal justice practices have not worked in preventing crime, it has only increased crime. We have 7.3 million people under the authority of the department of corrections in the United States. A system full of, and fraught with, criminals and instances of continuing criminal acts. These acts are acts of violence between inmates, abuse inside of facilities, drug use and corruption inside of facilities as well as the crime against the human spirit which causes a break down of social skills. If you take the current rates of crime, add our current prison population and then add the population of people who will carry the label of criminalfor the rest of their lives, we are creating a large population of criminals through our laws and practices. Instead of allowing individuals to serve penance for their wrongs, helping them to find healing for themselves and those they have wronged and restoring our communities from destruction into prosperity, we are choosing to live in brokenness…..forever.
In order to see change come, we must become bold in our statements. We must confront our authorities with the truth of the consequences of the laws in place. If we believe that we are innocent until proven guilty and that is the law of the land, then we need to hold our authorities accountable to those laws. If we believe that these are broken children who are in need of intervention and that we are judged by the treatment of our children then we must hold our law makers accountable for their protection. We can no longer afford to be cautious and calculating and we must be prepared for opposition. The cost is too great….destruction of our nation…..poverty and brokenness….human life.
Instead of “tough on crime” or “soft on crime” rhetoric we need to confront our policy makers with the human cost of incarceration practices to the citizens of this country. Instead of juvenile justice reform policies we need to speak of child protection policies, rehabilitation policies and the future of our nation. Instead of emphasizing crime rate statistics we need to emphasize criminal reform statistics. We need new language new bench marks and new strength. When confronted with victims advocacy organizations we need to be prepared to speak of the pain and loss that our current policies hold them captive to and that healing is for everyone…even them if they choose it.
I challenge all of us to look again at the challenges we face as advocates and see those challenges from a new perspective. Look at them with fresh eyes and maybe this year we will leave a legacy behind instead of a wish list for next year.
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7. January 2010 by Rev Young.
At the beginning of 2009 there was much optimism in the juvenile justice reform arena. There was much to anticipate with a brand new president and a new focus in our country which was to reform the nation and get us back to something reasonable.
This past year gave us small victories and more frustration. With the needs of the entire nation reaching crisis stage, we did not make the headway that we desired. I want to tell you that many of the answers and changes we need lie in criminal and juvenile justice reform. The reason for this statement is this: If we can begin to look at the people of this nation as individuals, with needs that can be answered, to make our nation stronger as a whole, we will get back on course.
Our leaders, for several decades, have worked to divide this nation. The right against the left. The good against the bad. The wealthy against the poor. We have become a nation divided and we have lost our focus. The strength, value and contribution of each citizen creates a strong community. The strength, value and contribution of a community creates a strong state and so on. We have lost the value of each member of this nation.
I met with a young lady just before the new year celebration. I went to visit her in a large women’s prison facility. She was nervous as this was our first meeting and she wanted to leave me with a good impression and the understanding that she truly wanted to change the course of her life. I traded small talk with her to ease her countenance and slowly she began to tell her story. It began with the loss of her mother to cancer at the age of 13. Her mother literally died in her arms. Her father found solace in a bottle and this young girl would have to track down her father in bars to get money for food for the children in the house. No time and no person to help her process her own grief, anger or loss, there were her siblings to consider. By the time she reached 18 she was off and running to find her own “medication” and comfort. This course of therapy brought her to prison and left her own very young daughters without a mother.
This young woman is now faced with the future and how she will find the resources she needs to become a strong and contributing member of our community as well as the mother her daughters need her to be. She has the heart for it. She has the desire to make things right in her life and she realizes the mistakes she made. Yet her success is limited by many factors, the first being the grief, loss and anger she has walled away for so many years. In prison, you don’t get to be real. In prison you don’t have the opportunity or the safety that allows you to be vulnerable enough to deal with the issues that caused the infractions in the first place.
Will she make it? In addition to the personal issues, she must also face the fact that her record will follow her all the days of her life and that our current employment practices will count her undesirable in the workplace. She will be faced with the rigors of probation, the barriers of finding suitable housing as many apartment complexes and landlords will deny her for her record. She will have to find her way through the paperwork necessary to re-establish her identity and her ability to find transportation. The challenges are huge and the help close to non-existent.
You might think that this is not your problem. You might wonder how this effects the well being of our community and the strength of this state and the nation. The PEW charitable trust released a report last year entitled “1 in 31″. The number of people currently accountable to our Department of Corrections system in this nation has reached critical mass. We are at the point of no return unless we change the way we look at crime and punishment. “Adding up all probationers and parolees, prisoners and jail inmates, you’ll find America now has more than 7.3 million adults under some form of correctional control. That whopping figure is more than the populations of Chicago, Philadelphia, San Diego and Dallas put together, and larger than the populations of 38 states and the District of Columbia. During Ronald Reagan’s first term as president, 1 in every 77 adults was under the control of the correctional system in the United States. Now, 25 years later, it is 1 in 31, or 3.2 percent of all adults.” http://www.pewtrusts.org/our_work_report_detail.aspx?id=49694&category=74
That number, 7.3 million, is staggering, but when you multiply that by the number of people impacted as the result of the incarceration of one person, it is even more staggering. On average the incarceration of one person directly effects the lives of at least 6 other people. That is 43,800,000 people affected. It impacts their finances, their responsibilities, their futures and their well being. Now do you see the problem?
The state of Colorado, where I reside, has the dubious honor of reporting that 1 in 29 people are currently under the authority of the department of corrections. Our recidivism rate hovers around 51 to 53 percent. Why do they fail and return to prison? Many reasons but mostly, because we set them up to fail.
This cycle of brokenness, debilitation and weakness has to stop if we are going to strengthen our communities. The question is, how do we get out of this squirrel cage? How do you break this cycle? How do we stop pouring so much money into a system that has proven itself to be inadequate, at best, and destructive, at worst?
That will come in future articles. First, in order for you to get a clear picture of the challenges we face, I suggest you read this article from the Colorado Springs Independent titled “From Freedom To Failure” http://www.csindy.com/colorado/from-freedom-to-failure/Content?oid=1574332 Thank you and Nice Work Guys.
Posted in Legal News, Prison Reform Advocates, Juvenile Reform Advocates, Juvenile Offenders | Print | No Comments »
14. December 2009 by Rev Young.
Contact: Reverend Bonnie S. Young FOR IMMEDIATE RELEASE
Telephone: 719-492-8886
E-mail: revbyoungmin@aol.com Publish America: www.publishamerica.net/product87483.html (Release Jan. 6, 2010)
Local Pastor Says: It’s Not Up to “Them” to Fix America’s Problems. It’s Up to US!
We’ve all heard the complaints. Government is to blame for the sorry state of our society. Or liberals. Or disrespectful teenagers. Or illegal immigrants. Or soft-on-crime judges. Someone else is always to blame. That way we can continue complaining and never have to take responsibility for anything.
Enough! says Reverend Bonnie Young.
In her new book, THE NEHEMIAH PRINCIPLE, Reverend Young offers solutions that, surprisingly, lie with the communities themselves. According to Young, whose ministry is based on social responsibility, the Bible is full of examples and even outlines on how to impact communities, answer the needs of the community and bring reform to societal ills.
Rev Young gives examples of solutions for many problems we face today
About Reverend Bonnie Young: Through the incarceration of her 17 year old son (now 26), Reverend Young became involved in prison ministry, prison reform and advocacy. Through the gift of her autistic and physically challenged daughter she was faced with inadequate service providers who were unprepared and without resources. Over the 25 years of Heidi’s life, Rev. Young searched for the therapy she needed, new educational methods and found, through the healing power of God, the ability of sound to heal and restore. An engaging and thought provoking speaker, Reverend Young will challenge you to think differently about your purpose, church, business, nonprofit and your community. As Nehemiah found, there are creative ways to make your vision become a reality, transforming our nation one person at a time.
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To schedule an interview, arrange to have Rev. Young to speak to your church or organization or for more information concerning her book, please contact her at: revbyoungmin@aol.com or 719-492-8886. For more information concerning her advocacy and ministry please go to:
http://avoiceforjuvenileprisonreform.kingscrossingfoundation.com/
http://youngministries.kingscrossingfoundation.com/
www.kingscrossingfoundation.com
Posted in Legal News, Prison Reform Advocates, Juvenile Reform Advocates, Juvenile Offenders, From Families of Juvenile Offenders | Print | No Comments »
11. December 2009 by Rev Young.
This is the last article in my rapid fire series today. This one deals with the issue of direct file, the practice of determining to prosecute a juvenile in adult court with adult consequences. This law and option, in the state of Colorado, is used at the sole discretion of the District Attorney’s office. As you will see, when you read the article, the District Attorney’s office claims to use it sparingly and with much deliberation before deciding to direct file on a juvenile.
I am going to present some personal testimony. The DA asks (in this article) if we have ever sat in on a conference where this decision is made. Of course not. We are not aloud. Nor is anyone, for that matter. There are no school records, parents, doctors, priests, judges, friends or anyone else aloud to sit in on this conference. The debate and decision is among a group of district attorneys without any background or knowledge of the juvenile who’s life they are discussing.
The decision to direct file on my son was made in 24 hours. They did not know or speak to us (his parents), they did not have his school records and they had not spoken with his school. They did not know if he attended church, had any medical issues, if he had extended family, as a matter of fact they did not even know if he had siblings. They knew nothing about him. The only thing they did know is that he had no prior criminal record. They did not discuss any other factors….and then rendered their decision……behind closed doors……with no accountability or oversight……that’s how it works.
Read on…..
Prosecuting juveniles as adultsGroup calls for judges, not DAs, to make the decisionPeter Marcus, DDN Staff WriterMonday, December 7, 2009 |
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Opponents of trying juveniles as adults say judges, not prosecutors, should be responsible for deciding how to prosecute children.
The Colorado-based Pendulum Foundation is bolstered by a recent poll of Colorado voters that found that by a margin of nearly three to one, voters believe that judges should decide how to prosecute children.
The Ridder Braden, Inc. poll released on Nov. 6 found that more than 65 percent of Colorado voters favor leaving the decision about how to try juveniles up to a judge.
“Our system is supposed to be based on the rule of law. The bottom line is that we need an impartial person charged with protecting the public and the rehabilitation of juveniles to make decisions that will affect kids for the rest of their lives,” said Mary Ellen Johnson, executive director of Pendulum Juvenile Justice.
But prosecutors say they closely examine all cases, including those involving juveniles, and argue that they have the prosecutorial tools necessary to make an appropriate filing decision.
“We exercise the discretion given to us extremely thoughtfully and carefully as indicated by the very low number of those cases charged as adults,” said Ted Tow, executive director of the Colorado District Attorneys Council.
A bill filed last year by Sen. Brandon Shaffer of Longmont and Rep. Claire Levy of Boulder, both Democrats, would have prevented district attorneys from filing adult charges against 14- and 15-year-olds. But the legislation failed when Gov. Bill Ritter, a former prosecutor, vetoed the legislation.
The Pendulum Foundation says it will push for similar legislation again.
Prosecutors in 1993 were given the authority to determine how to prosecute children as young as 14 after a summer of gang violence.
State legislation this year signed into law by the governor expanded eligibility for sentencing to the youthful offender system to 18- and 19-year-olds. The Pendulum Foundation said the law is a step in the right direction, but said much work still needs to be done.
The youthful offender system is a rehabilitation program used instead of prison for certain crimes committed by juveniles.
In 2006, Colorado lawmakers lowered life without parole sentences for juveniles to 40 years before the possibility of parole. But the law is not retroactive, and Johnson says it also does not go far enough.
She points out that there are hundreds of young men and women serving decades and life sentences in Colorado prisons.
“There are no checks and balances and no hearing before a judge,” said Johnson. “Prosecutors generally make decisions about whether to ‘direct file’ children within 72 hours.”
Opponents of that system say there is not enough time for prosecutors to review all the facts.
“District attorneys are not impartial judges,” said Johnson. “They often have a political interest in prosecuting kids as adults.”
But Tow says prosecutors examine juvenile cases the same way they do all other cases Ń carefully by examining all evidence.
“How many conferences have they actually sat in to watch the DA make the decision?” Tow asks of his critics. “I would submit none.”
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11. December 2009 by Rev Young.
There has been discussion of and argument over sentencing reform in the state of Colorado. While one side declares that this reform is necessary to reduce the exorbitant department of corrections budget, the other side says that it is soft on crime.
It is time we stopped using that tired rhetoric as a weapon against any legislator who is trying to bring change to our broken and useless criminal justice system.
Our tough on crime legislation, zero tolerance policies and strong arm tactics have not reduced crime. Our sentencing practices, long prison sentences and decreased focus on rehabilitation have not strengthened our communities and made them a better place to live. I would ask of our legislators, who stand on tough on crime policies, why they continue this rhetoric? What do you stand to gain from it?
The only results that we have seen from this policy charade is a significant increase in the department of corrections budget, prisons dotting our country side and our communities left in ruins. If the practices of the last 20 years, were good for our communities, we would be experiencing the fruit of those decisions.
This is not about Republican or Democratic parties. This is not about tough on crime versus soft on crime. This is not about politics at all……it is about the strength and success of our communities and we are only as strong as the least among us. Read on…..
Republicans often claim to be the party of fiscal conservatism and limited government. But Republican lawmakers in Colorado show little enthusiasm for applying those principles to Colorado’s hugely expensive prison bureaucracy. So when sentencing reform bills pop up in the next legislative session, it will be an excellent opportunity for Republicans to show if they really are the party of fiscal discipline, or if they are going to leave the heavy lifting to the Democrat majority.
In 1985, the Colorado Legislature arbitrarily doubled the maximum penalties in Colorado’s presumptive sentencing range for all levels (and all types) of felony crimes. Colorado’s inmate population more than doubled in the next five years. It has more than doubled again since, growing at a rate significantly faster than the state’s overall population.
Along the way, lawmakers have continued to enact numerous new laws which have created new sentencing enhancements, and even new crimes, often with less than clear public safety benefit.
In a desperate effort to keep pace with the capacity demands of such unprecedented prison growth, successive legislatures and governors have pushed corrections spending over the last twenty years from less than 3 percent to nearly 9 percent of the state’s general fund, or from around $97 million to over $675 million of general fund appropriation.
That’s a more than 10 percent annual compound growth rate in prison spending. In other words, for decades now, “fiscal conservatives” have been eager and active participants in one of the most extreme spending sprees in state history.
Late in the 2009 legislative session, Democratic Senator John Morse of Colorado Springs introduced Senate Bill 286, which would have kept our current very tough sentences for violent and sex crimes, while re-writing a significant portion of Colorado’s criminal code. Morse was joined by a group of liberal and progressive Democrat sponsors and prime co-sponsors including Senator Morgan Carroll of Aurora and Representatives Claire Levy of Boulder and Mike Merrifield of Colorado Springs. Dozens of other Democrats signed on to the bill.
The Republican opposition was both unified and visceral. Senate minority leader Josh Penry of Grand Junction called SB 286 “radical” and “wrong.” Senator Scott Renfroe of Greeley said the bill “caves into crime.”
And Republicans did have a point. SB 286 was far too broad, and sought to reform far too many different types of criminal statutes at one time to be allowed to become law. While sentencing reform has the potential for significant long-term cost savings to taxpayers, there can also be unintended consequences to doing too much, too quickly and all at once.
But while Republican opposition to the broader bill was justifiable, Republican resistance to taking any responsibility for decades of run-away prison spending showed through when out of the forty-plus pages and numerous statutory changes in SB 286, Republicans apparently couldn’t find a single reform they were willing to publicly support.
SB 286 was eventually pulled by Morse and re-introduced as a “guideline” for the Colorado Commission on Criminal and Juvenile Justice (CCJJ) to use in taking up sentencing.
While lawmakers may not like it, their ability to significantly affect the long-term growth of the prison population, and thus the corrections budget (prison spending is caseload driven), is through their prerogative to write–and re-write–the state’s sentencing and parole laws and policies.
To that end, the CCJJ has been meeting all year with the mandate to make recommendations to the legislature for reform. In November, the CCJJ overwhelmingly approved a package of drug-law reform recommendations, and more recommendations are on the way.
As the minority party in the legislature, Republicans have the option of sitting back and using Democrat-sponsored sentencing and parole reform legislation as “soft on crime” attack ammunition. This may even be an effective strategy in firing up some portion of Republican-leaning voters that believe prison spending is somehow immune to the same fiscal scrutiny as the rest of the budget. If this is the case, then Republicans will hopefully lay out their own plan to continue paying for a hugely expensive corrections system that has been eating up an ever larger share of the state’s budget for decades–and is only going to continue to do so.
But for Republicans that want to establish a legitimate reputation as principled advocates of limited government and restrained state spending, the last thing they should allow is for a small band of Democrats to school them in the hard work and tough legislative choices necessary to bring some badly needed discipline to Colorado’s profligate prison spending.
Mike Krause is Operations Director and runs the Justice Policy Initiative at the Independence Institute
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